In a California Divorce is the principal reduction of a home mortgage loan on separate property always in the community?

Anonymous Mar 24, 2015 Bankruptcy and Debt 2 views 1 answers

In a California Divorce is the principal reduction of a home mortgage loan on separate property always in the community? Does the Moore Marsden formula require the home community appreciation or the home depreciation to be considered in the formula? If the home depreciation is more that than the community principal loan reduction will the principal loan reduction be considered in the community? Can Moore Marsden be used for just home loan principal reduction in the community? Are any types of property regressions required for the Moore Marsden formula? Home was purchased and financed by spouse prior to marriage and the note and first deed are in spouses name only. The home has a second mortgage and we are both on the second mortgage note and deed. The mortgages loans have been paid from a joint checking account.

Attorney Answer

1

Gregory Benton

Gregory Benton · Jun 15, 2026

Depreciation might be used for rental property tax computations but is not applicable if the real property appreciated. If the property depreciation is on the value of the CP, then the value at the time of trial is used or by agreement. An SP investment into a CP house will get reimbursed first. Mortgages that have been paid from CP finds will usually mean that the CP now has an interest in the SP property. You need legal assistance from a skilled Family Law attorney.

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