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Marriage of Moore

California Supreme Court
618 P.2d 208 (1980)


David Moore (plaintiff) was married to Lydie Moore (defendant). Eight months prior to their marriage, Lydie purchased a house for $56,640.57. Lydie paid $16,640.57 as a down payment, took title individually, and took out a loan for the balance. In the remaining months before her marriage to David, Lydie made payments that reduced the loan principal. The parties were married for nearly 11 years, and, during that time, community funds were used to pay down the loan principal by an additional $5,986.20. At the time of their divorce, however, there was still an outstanding loan balance in Lydie's name. The trial court determined the community and separate property interests without including community funds that went toward interest, taxes, and insurance. David appealed the trial court's calculation of the ratio on the basis that interest, taxes, and insurance should have been included in the calculation of the community-property contribution.

Rule of Law


Holding and Reasoning (Manuel, J.)

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