Case notes / Tracing and characterization

In re Marriage of Moore

Citation
28 Cal.3d 366
Court
California Supreme Court
Decided
1980

Summary

Where community funds paid down principal on a home one spouse bought before marriage, the community acquires a pro rata interest in the property based on the principal it paid, including a share of appreciation during marriage. Interest, taxes, and insurance payments do not count toward that share.

What it means for the financial analysis

The Moore formula is arithmetic, but it depends on clean principal-only payment history and accurate values at marriage and at trial. Loan histories and refinances are where these calculations usually go wrong.

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