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Community and Separate Property Interest in a Marital Home

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When community funds are used for mortgage payments on property purchased by one spouse before marriage the community acquires a pro tanto interest in the ratio that the payments on the purchase price made with community funds bear to the total payments on the purchase price, and any appreciation must be apportioned accordingly. Marriage of Moore (1980) 28C3d 366,371, 168 CR 662, 664.


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Published In: Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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