Moore/Marsden

When one spouse owns a residence at time of marriage, and during the marriage title is transferred to husband and wife jointly as community property, then separate and community property interests in the residence may accumulate. A formula developed in the case known as Marriage of Marsden (1982) 130 Cal.App.3d 426) can calculate the mixed separate and community property interests. Credits for the premarital appreciation of the residence as separate property to the original owner can also be determined per Marriage of Moore (1980) 28 Cal.App.3d 366). The formula developed from these two cases is often referred to as “Moore/Marsden.” The formula developed from these two cases is somewhat complicated. An accountant may be helpful to accurately determine the separate property and the community property interests in the residence.