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telemtneer · Joined: 14 Oct 2008 Posts: 1 1.56 Dollars($)

Does Moore Marsden rule apply to property before the marrige when living together?...I moved into my girlfriend's condo (California) on Feb 1st 1999. I helped her fix it up quite nicely and paid for more and performed than half of the repairs. Then I put her through 2 yrs of dental hygiene school. When she graduated we sold the condo and put (approx $35k toward old and new closing costs and $60k of the equity toward a home (sale price $380k) in Nov 2001. Because of my bad credit, I stayed off the loan and the title. We got married in Sept 2003. In April 2007, we refinanced our home loan and took out $140k in equity and bought and moved into a new condo $503k (both names on title). With some savings we covered the the closing costs and miscellaneous and took out a loan for $350k. As of Dec 31st, 2007 we were separated and we are going through divorce.
My real question here is, does anything count in California before we were married? Does the fact that I put her through school and I paid for repairs in ehr old condo get me anything? Please help.

smithsussane · Posted: Tue Oct 14, 2008 8:09 pm Post subject:

Hi telemtneer!

Welcome to Forums!

If you have made any payments with community funds during marriage or after marriage then you will have community interest in the property. Community funds means your girlfriend's money and yours as spent towards loan payment. If you have not used the community funds, then you will not be able to claim anything.

Feel free to ask if you have further queries.

Sussane

Guest

I am applying home equity line with seperate property bought prior our marrige, lender requires my husband's signiture, can this be avoided since he is out of country? We also have a prenup, stating all properties are seperate

jenkin7 · Posted: Mon Mar 15, 2010 1:11 am Post subject:

Hi erhu,

In a community property state, your spouse's debt will be considered as your liability. This is why, if you take out an equity loan, your lender would want your spouse to sign on the loan papers. However, since there is a pre-nuptial agreement between you and your spouse, he might not have to sign on the loan papers. Talk to your lender and if required, provide them with the papers related to the pre-nuptial agreement.

Guest

Husband bought property 10 mo. before we married with a 50,000$ down pymt. The 30 acre property got improved with roads, orchards, gardens with rare species, and used as a growing grounds for our community business which paid the mortgage payments for over 11 years. The property also got refinanced 3 times. The housing market dictates the worth of the property and the specimen trees have their own value apart from the property, because they can be moved and sold, which is the business that we have. The trees were all planted after the marriage and have been maintained by the business to a large and more valuable asset. How does all this get evaluated according to the Moore-Marsden calculation? Since the value of this property and business is combined such as a museum that houses treasures. Should the property be valuated as a business?

smithsussane · Posted: Wed Jan 04, 2012 11:45 pm Post subject:

Hi cycad!

Welcome to forums!

I guess the property should be valued as business but it would be a better option if you could have a word with an attorney well versed with the Moore Marsden laws of your state. He will be able to guide you in the proper direction.

Feel free to ask if you've further queries.

Sussane

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Does Moore Marsden rule apply to property before marriage?