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 miketomitz
Joined: 14 Mar 2007
Posts: 1
1.40 Dollars($)
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 Posted: Wed Mar 14, 2007 4:17 pm Post subject: Moore Marsden |
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Hello - does the Moore Marsden formula apply in this situation: my wife bought a home in 1984 and we were married in 1988. We paid the mortgage together for a period of time. We sold the home in 1999 and comingled the funds. We are now divorcing and she is asking that the Moore Marsden formula apply...does it?
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colin
Moderator
Joined: 30 Jun 2006
Posts: 602
Location: Waltham, Massachusetts
112.65 Dollars($)
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| Posted: Wed Mar 14, 2007 4:25 pm Post subject: |
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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 |
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Caron
Moderator
Joined: 19 Jul 2005
Posts: 1562
Location: florida
266.58 Dollars($)
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| Posted: Thu Mar 15, 2007 5:01 am Post subject: RE: Does Moore Marsden Rule apply after divorce? |
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Hi Mike,
Welcome to our forums.
The Moore Marsden rule will apply provided you stay in community property state where marital income is treated in a different manner compared to states following the common law.
Even though you are now divorcing, your wife can claim her share of interest in property as per the Moore Marsden Rule.
The Rule allows her to get an interest in property as she has contributed to the loan payments along with you. As she is entitled to an interest in the property, therefore she should receive the fund for her share of interest.
You may refer to our community discussion on How to calculate Moore Marsden Interest.
Thanks,
Caron. |
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jennyc
Guest
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| Posted: Fri Aug 17, 2007 10:24 am Post subject: prperty owned before marriage |
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| if i had a property owned free and clear 10 years before i got married. never lived in it with my spouse and he never put any monies toward the house, we were only married for 6 years, does he have any rights to this property? |
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miller_st
Joined: 17 Jan 2007
Posts: 917
168.92 Dollars($)
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| Posted: Fri Aug 17, 2007 2:09 pm Post subject: |
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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 |
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larry
Joined: 27 Jun 2007
Posts: 3328
474.49 Dollars($)
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| Posted: Fri Aug 17, 2007 11:40 pm Post subject: |
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Hi Jennyc,
You have stated that the property you have is before your marriage. It means that your maiden name is mentioned on the title to that property. So after your marriage, your husband has no right to that property of which you are the sole owner. |
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jennyc
Guest
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| Posted: Tue Aug 21, 2007 7:36 pm Post subject: |
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Thank you everyone for the info. that is great news.  ) |
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larry
Joined: 27 Jun 2007
Posts: 3328
474.49 Dollars($)
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| Posted: Tue Aug 21, 2007 11:51 pm Post subject: |
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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. |
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Joseph R.
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| Posted: Tue Mar 31, 2009 6:31 pm Post subject: Real Property in divorce |
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| 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. |
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Ana
Guest
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| Posted: Wed Apr 01, 2009 2:41 am Post subject: |
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| 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. |
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