Moore Marsden

miketomitz · Joined: 14 Mar 2007 Posts: 1 1.36 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 0.10 Dollars($)

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: 917 168.84 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: 3328 473.51 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 0.10 Dollars($)

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

)

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 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.

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