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Marriage of Moore

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


Facts

David Moore (plaintiff) was married to Lydia Moore (defendant). Eight months prior to their marriage, Lydia purchased a house for $56,640.57. Lydia 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, Lydia 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 Lydia's name. The trial court applied the proportional ratio calculation found in Vieux v. Vieux, 251 P. 659 (1926), to determine the community and separate-property contributions to the property. 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

Issue

Holding and Reasoning (Manuel, J.)

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