Posted on: 18th Jul, 2013 10:03 pm
If a property was acquired AFTER marriage, however the down payment can be traced to separate property; Does Moore Marsden Apply? Or is M/M only conditionally applied in a scenario where the home is purchased with SP before marriage?
Add to that improvements to the property and the down payment greatly exceed the properties current equity and the improvements and down payment were paid with separate property. Does M/M apply?
Or does the separate property reimbursement take precedence?
Add to that improvements to the property and the down payment greatly exceed the properties current equity and the improvements and down payment were paid with separate property. Does M/M apply?
Or does the separate property reimbursement take precedence?
Hi HGUS,
If community funds have been used to pay off the mortgage, then Moore Marsden rule may apply. It will be better to contact an attorney and take his opinion in this regard.
If community funds have been used to pay off the mortgage, then Moore Marsden rule may apply. It will be better to contact an attorney and take his opinion in this regard.