Legal Question in Family Law in California
determining separate property
Had 4 small separate properties in a trust prior to marriage. Wife sues for divorce after an approximately 15 year marriage. One of the 4 properties was clear, but received enoungh income from two others to support payments on all plus provide extra income. Properties were never transferred to spouse in anyway. 2 others were purchased from separate funds with spouse quitclaiming at time of purchase. Again one was clear and the other supporting the mortgage plus extra income. I've been advised by some that everything is 50/50, by others that all properties would be subject to a special California Formula (Moore/Something. Don't who to believe?
4 Answers from Attorneys
Re: determining separate property
Unless I am missing something, it sounds like all properties are separate property and not community. Unless community assetts used to pay down mortgage on separate properties, Moore does not seem to apply. Call to discuss. 800-685-6950
Re: determining separate property
Apparently someone was talking to you about Moore/Marsden, which would give community a share of separate property to the extent that the community funds were used to pay down the indebtedness on separate property. However, from the information you have given, there sounds like there will be no community interest. With a 15 year marriage and that amount of separate property, you will need a family law attorney sooner or later, better to make it sooner before you make any mistakes. Good Luck, Pat McCrary
Reply: determining separate property
The formula you are referring to is Moore\Marsden. This is a complex area of family law and your success will be dependant upon the quality of the documentation that you can provide to support your positions.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site. If you want copies of the Moore and Marsden cases, I will e-mail them to you upon request.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: determining separate property
Your best course of action is to interview and hire an experienced family law attorney. Without any disparagment to the other attorneys that have provided information, you need to sit down with an attoreny and the documents involved with each of the properties, your income tax returns etc. If during the marriage you devoted a substantial amount of your time to the management of the property that may have resulted in a community property interest in the property. Your labor and intelligency are community assets. Thus the reults of their use produces community property.
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