“For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. [Fam. Code, § 2581] This presumption affects the burden of proof and may be rebutted by either a clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property, or by proof that the parties have made a written agreement that the property is separate property. [Fam. Code, § 2581]”
“If one of the spouses brings to the marriage a residence that is subject to an encumbrance, which encumbrance is paid in whole or in part with community property during the marriage, the property, while remaining separate, will develop a community property interest that must be divided, assuming the contributions were not gifts to separate property. [In re Marriage of Moore, 28 Cal. 3d 366, 168 Cal. Rptr. 662, 618 P.2d 208 (1980); In re Marriage of Marsden, 130 Cal. App. 3d 426, 181 Cal. Rptr. 910 (1st Dist. 1982)]”
“Where a community loan is used to pay off mortgage on separate property, the parties’ respective interests must be determined. To calculate the separate property interest in the residence which one spouse purchased shortly before marriage, divide the separate property contributions (down payment and loan amount minus amount by which community property payments reduced principal balance of loan) by the purchase price of the property; to determine the community property interest, divide the amount by which community property payments reduced the principal by the purchase price. The community and separate property percentages can be multiplied by the total appreciation of the property during marriage to calculate the parties’ respective financial interests. [In re Marriage of Moore, 28 Cal. 3d 366, 168 Cal. Rptr. 662, 618 P.2d 208 (1980)]”
“Where one party owns a home for years before the marriage, but after the marriage, the loan payments are made with community funds, the separate property interest is calculated as the purchase price less the amount by which the community payments have reduced the principal of the loan, divided by the purchase price of the home and the community interest is calculated by dividing the amount by which community payments have reduced the loan principal by the purchase price. These percentages are then multiplied by the appreciation of the property during the marriage. [In re Marriage of Marsden, 130 Cal. App. 3d 426, 181 Cal. Rptr. 910 (1st Dist. 1982)]”
“Under the Moore-Marsden rule, as marital community funds are used to pay the principal on the mortgage on separate real property owned by one spouse, the community acquires constructive or beneficial equity interest in the property, but the appreciation prior to the marriage remains with the separate property owner, and this ultimately means that the marital community’s share in the value of property at the end of the marriage can be determined by adding together (a) the amount of capital appreciation during the marriage that is attributable to community funds and (b) principal payments made by marital community funds, which are returned to the community. [In re Marriage of Mohler, 47 Cal. App. 5th 788, 261 Cal. Rptr. 3d 221 (4th Dist. 2020)]”
“Under the Moore-Marsden rule, which awards the marital community interest in the spouse’s separate real property, as the marital community pays the property’s mortgage during the marriage, the marital community is entitled to an interest in the property when the spouse refinances separate property and pays off the original mortgage with a new loan, and the marital community is entitled to reimbursement when its funds are used for capital improvements to a separate property. [In re Marriage of Mohler, 47 Cal. App. 5th 788, 261 Cal. Rptr. 3d 221 (4th Dist. 2020)]”
[California Civil Practice Family Law Litigation [certain citations omitted]]
