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Does Moore-Marsden apply if no payments were made toward principal AND he signed a Quit Claim?

Posted on: 04th Dec, 2009 03:20 pm
I purchased the property 2 years before the marriage. Married to him for 4 years. When I refinanced the lender made him sign a Quit Claim because he was living there even though he was not on the deed. During the marriage we only paid the INTEREST on the loan - no community funds were used toward the principal.
Does Moores-Marsden still apply?
Hi aellis,

You've mentioned that the property was purchased before marriage and your husband had signed a deed while refinance. Also, no community funds were used to pay the dues. In that case, the Moore Marsden Rule will not apply. However, it would be a better idea to contact an attorney and take his opinion in this regard.

Thanks
Posted on: 04th Dec, 2009 08:17 pm
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