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Guest
0.10 Dollars($)
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 Posted: Fri Oct 24, 2008 3:17 pm Post subject: Does Moore Marden Apply |
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Does the Moore Morsden Rule Apply? My ex-spouse and i purchase a townhouse 1997 and the deed showed Joint Tenancy . In 1999 March he moved out, and never contributed to any payments or even our two children. In Feb 2003 he quit claim his half interest as gift. The Quit calim was done without any undue influence and recorded in 2004 . Even before he left the home he kept insisting that he didn't want the property and the responsibility of a lona and to take his name off. The Deed is in my name only as unmarried woman and i alone pay the mortgage since 1999 when he left. My spouse attorney has now placed a lien, and my spouse said he was under duress -going to war, incase he died he did want me to have any issues get his share yet we were both on Deed as Joint Tenacy before the quit claim happened.
Just recently in court the judge told my ex attorney that my spouse may have at least a Moore MArsden interest in property. How can that be? Is it True
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 smithsussane
Joined: 18 Sep 2008
Posts: 2658
Location: Alaska
379.95 Dollars($)
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| Posted: Fri Oct 24, 2008 10:18 pm Post subject: |
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Hi Guest!
Welcome to forums!
If your husband had contributed for the mortgage debts in between 1997-1999, then he will be entitled to that much interest in the property. As you have mentioned that since 1999, your ex-spouse has not contributed anything and has also quitclaimed the property, he will not have any interest in the property.
To know more about how to calculate community property interest, visit the given link:
http://www.mortgagefit.com/know-how/mooremarsdenrule.html
Feel free to ask if you have further queries.
Sussane |
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trish
Guest
0.10 Dollars($)
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| Posted: Mon Oct 27, 2008 12:18 am Post subject: Moore Marsden followup |
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| I am not clear why he gets any interest when he gave up his half interest by signing Quit Claim. How is that interest calculated- the market value of the property then91997-1999 or now? Secondly, i thought Moore Marsden could only apply when a property is purchase prior to marriage and then community money is used to continue payments on the property. Please clarify. Thanks! |
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Niicss
Joined: 03 Oct 2005
Posts: 2163
Location: New Jersey
336.37 Dollars($)
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| Posted: Mon Oct 27, 2008 2:00 am Post subject: |
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Hi trish!
Moore Marsden rule will apply to those properties which you purchase after your marriage using the community funds. You have mentioned in your first post that he had quitclaimed the property to you in 2003. If he had contributed anything for the mortgage payments between 1997-1999 then he will have some interests. If he had paid nothing for the mortgage, then he won't have any interest in that property.
Thanks.
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