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miketomitz · Joined: 14 Mar 2007 Posts: 1 1.50 Dollars($)

Hello - does the Moore Marsden formula apply in this situation: my wife bought a home in 1984 and we were married in 1988. We paid the mortgage together for a period of time. We sold the home in 1999 and comingled the funds. We are now divorcing and she is asking that the Moore Marsden formula apply...does it?

Thanks

colin · Posted: Wed Mar 14, 2007 4:25 pm Post subject:

Hi Mike,

Welcome to Mortgagefit forum.

As per Moore Marsden rule, if other spouse makes any contributions towards mortgage payments then he/she is eligible to get a share of the interest in the property at the time of divorce.

You have rights to get a share of the value that was received from the sale of that property.

Colin

Caron

Hi Mike,

Welcome to our forums.

The Moore Marsden rule will apply provided you stay in community property state where marital income is treated in a different manner compared to states following the common law.

Even though you are now divorcing, your wife can claim her share of interest in property as per the Moore Marsden Rule.

The Rule allows her to get an interest in property as she has contributed to the loan payments along with you. As she is entitled to an interest in the property, therefore she should receive the fund for her share of interest.

You may refer to our community discussion on How to calculate Moore Marsden Interest.

Thanks,

Caron.

Guest

if i had a property owned free and clear 10 years before i got married. never lived in it with my spouse and he never put any monies toward the house, we were only married for 6 years, does he have any rights to this property?

miller_st · Joined: 17 Jan 2007 Posts: 918 168.95 Dollars($)

Hi Jenny,

As you owned this property before you got married and no joint funds were utilized towards its maintenance or mortgage payments, it will not be considered as community property. It will remain as your separate property and your husband won't have any claims over it.

Miller

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Jennyc,

You have stated that the property you have is before your marriage. It means that your maiden name is mentioned on the title to that property. So after your marriage, your husband has no right to that property of which you are the sole owner.

Guest

Thank you everyone for the info. that is great news. Surprised

)

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Jennyc,

It is really nice that you have been benefited from the community. If you have any further query, please feel free to ask.

Guest

I live in Az. and purchased my house in 1994 as a single person. Was married in 02. We refinanced in 03. I then put her name on the deed in 05. She is suing for divorce now in 09. My atty says she is not entitled to half of house. All the legal rangling has just begun. How do you think she will fare on getting %age of house? Thanks.

Guest

If you added your wife to the property when you refinanced it, I guess she will have community property interest in that property. However, your attorney would be able to tell you about the percentage of property that she would receive.

Guest

I made a down payment from my own sole money but both my husband and my name were written on the Deed. My husband, as promised redeeded the house to me as sole owner. He did this 3 times. The only time that the house was put in both our names was for refinances to get the interest down. Now we are divorcing. The mortgage was always paid by me since I was the sole
provider of most of our 21 years of marriage. He never made a payment of any mortgage during these years. Do I have a chance that the house is my sole property?

smithsussane · Posted: Wed Dec 15, 2010 10:21 pm Post subject:

Hi Anne!

Welcome to forums!

If your husband's name is not mentioned on the property deed now, then you may be able to claim the property as your sole and separate house.

Feel free to ask if you've further queries.

Sussane

Guest

The only time my husband was mentionned in a trustdeed as co- tenant for a refinance. Apart from refinances, Deeds were in my name as sole separate property. We did acquire my house just after we married with my sole and separate money. After first acquiring the house in both our names my husband Grandeeded the house back to me as sole and separate property
3 times. Through the 21 years of marriage, we refinanced many times to get the interest down in the mortgage payments. The following refinances always ended with both of us as co-tenants on the trustdeed of the loans of the refinances. No language was used to transmit part of this property in all refinances to my husband. What if mortgage payments were made out of my salary which was considered community for this house that is of deed in my name. Would that make the house become community property?

Guest

This is reguarding a personal residence. Property is my sole and separate property. For refinance purposes, deed was put several times back in to wife and husband's name but upon completion of refinances, property was deeded back to wife as her sole and separate property. The mortgage payments were made out of community property, does this have any effects on the Moore Marsden's rulings, that property remains the wife's sole and separate property.

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