In Re Marriage of Moore

In re Marriage of Moore defined the amount the community gains when it pays down the mortgage of a home owned by one spouse.

FACTUAL BACKGROUND OF THE DISSOLUTION

The wife in Moore purchase a home before marriage. During the marriage, the parties made mortgage payments.

FAMILY LAW TRIAL PROCEEDINGS

The husband argued that he was entitled to a reimbursement of all payments made towards the home including interest, taxes, and insurance. The trial court only included the amount of the reduction of the principal. The husband appealed.

APPEAL OF THE DIVORCE JUDGMENT

The Supreme Court agreed with the trial court. It held that the down payment and the loan proceeds must be considered separate property. The community is only credited with the amount that it paid down the principal during the loan. Therefore payments towards interest, taxes, and insurance were properly excluded.

DO YOU NEED HELP WITH ISSUES RELATED TO DIVISION OF COMMUNITY PROPERTY?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as property division or any other divorce matter such as legal separation, annulment, custody, spousal support and/or child support, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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