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Moore Marsden Rule - How community property is divided

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Mini Profile  smithsussane

smith.sussane


Joined: 18 Sep 2008
Posts: 10439
Location: Alaska
985.83 Dollars($)
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Hi Lisa!

Welcome to forums!

If you're staying in a community property state, then Moore Marsden rule will come into play when you're divorcing. As far as the calculations are concerned, you will have to contact a divorce attorney who is expert in this law and take his help in this matter.

Feel free to ask if you've further queries.

Sussane
lawpros4u@aol.com


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Post     Post subject: Moore Rule

Is it true that only the principal paid by with Community Funds will be split but the interest paid on a house loan during marriage with community funds will be the separate property of the spouse who purchased the property before marriage? So in calculation, you need to know what the CP funds went to pay only the principal and those would be the funds that would be split 50/50; right?
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Mini Profile  smithsussane

smith.sussane


Joined: 18 Sep 2008
Posts: 10439
Location: Alaska
985.83 Dollars($)
Post     Post subject:

Hi lawpros!

Welcome to forums!

Community property laws will vary from one state to another. In such a situation, it will be better if you could contact a real estate attorney and take his opinion regarding this issue.

Feel free to ask if you've further queries.

Sussane
dianesle


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Post     Post subject: Moore Marsden rule domestic violence

My mom is getting a divorce in California. She owned a home prior to marriage. Her husband of 17 years tried to kill her. Does the Moore Marsden rule still apply if she was the victim of domestic violence? He will be sentenced to 5 years.
Mini Profile  jameshogg

jameshogg


Joined: 20 Dec 2005
Posts: 10477
Location: Nevada
990.06 Dollars($)
Post     Post subject:

Hi dianesle,

Well, I think the rule may apply. It will be better if you could contact your a real estate attorney and take his opinion in this matter. He will help you in knowing the correct interpretation of the law in this situation.

Thanks
Josebaut


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Post     Post subject: division of community and seperate property

I got married in 1995. My parents gave me a house when they refinance and left me in the deed. My wife signed a deed release. My name only appears in the deed and its states separate property in 2003. In 2008 i refiance and took out equity and i still have it in a CD. I am divorcing now and the wife want half of everything. How much is she entitled?
Mini Profile  adonis

adonis


Joined: 22 Oct 2005
Posts: 10569
Location: ALASKA
1090.22 Dollars($)
Post     Post subject:

Hi Josebaut,

You have mentioned that your wife has signed a deed release and now you own it as a separate property. In that case, your wife won't get any share from that property.

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Jose Bautista


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Post     Post subject: moore marden

The judge told me to find a family law mediator so that he/she can do a moore marden. My wife and i don't have attorneys. When i look for someone to do it, its always an attorney who states that they need to be hired as my attorney but i don't need one except to do the moore marden. where can i find a family law mediator who can do a moore marden in Los Angeles, CA.?
Mini Profile  jameshogg

jameshogg


Joined: 20 Dec 2005
Posts: 10477
Location: Nevada
990.06 Dollars($)
Post     Post subject:

Hi Jose,

You can find some information in this given page: "http://www.osbar.org/public/legalinfo/1218_MediationFamLaw.htm".

Thanks
Mark Lapham


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Post     Post subject: Reimbursement for FMV or rental value to SP OWNER

Is there case law allowing reimbursement or setoff to the SP owner?
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Post     Post subject:

This is something which needs to be clarified from a real estate attorney.
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