Court of Appeal of California
181 Cal. App. 3d 997 (1986)
Lydie Moore (plaintiff) purchased a home for $56,640.57 in 1966. Lydie put a down payment of $16,640.57 on the home and obtained a loan for the remainder of the balance. Lydie made monthly payments on the loan and reduced the principal balance by $245.18. Approximately eight months after Lydie purchased the home, Lydie married David Moore (defendant). Lydie and David lived in the home during their marriage. The Moores made payments on the loan balance using community-property funds. The community-property funds contributed to the principal balance, interest, taxes, and insurance. Lydie and David separated in 1977. Lydie continued to make payments on the loan during the separation. At the time of trial, the total principal paid on the home was $23,453.02. The remaining balance on the home was $33,187.55. The value of the home was $160,000, and the equity in the home was $126,812.45. The trial court held that the home was Lydie’s separate property but that the community had an interest in the home based on payments made on the loan using community funds. The trial court established the community interest by determining the ratio by which the community payments reduced the principal amount owed on the loan as compared to the separate-property payments. The trial court did not give any credit for interest, taxes, or insurance paid. The equity value of the home was then multiplied against the ratio by which the community payments reduced the principal loan balance. David appealed the trial court’s ruling, disputing the method used to calculate the community interest in the home.
Rule of Law
Holding and Reasoning (Manuel, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.