What Documents You'll Need for a Moore/Marsden Analysis
/If you own real property that you brought into your marriage — or inherited or received as a gift during it — and that property was purchased with a mortgage, a Moore/Marsden analysis may be necessary to determine how much of the property's equity belongs to you alone and how much belongs to your marital estate.
The analysis sounds technical, and it is. But the foundation of any good Moore/Marsden calculation is simple: documents. The right documents, covering the right dates. Here is what you will need.
A Quick Explanation of Moore/Marsden
When separate property funds are used to purchase a home that is later paid down — even partially — using community income during the marriage, the community acquires a proportional ownership interest in that property. The Moore/Marsden formula calculates that interest based on the ratio of community contributions (mortgage principal paid during marriage) to the total purchase price.
The result is an ownership split, not a reimbursement right. That distinction matters enormously at the time of divorce.
The Documents You Will Need
Chain of Title and Original Purchase
Buyer's closing or settlement statement from the original purchase. This establishes the purchase price, the down payment amount, the source of the down payment, and the original loan balance — all critical inputs to the formula.
Grant deed at the time of purchase. This confirms who held title and in what form.
Any quitclaim deeds recorded on the property. These can affect characterization significantly, particularly if title was changed around the time of marriage.
Mortgage History
Mortgage statements as of the following dates are essential:
Date of marriage — establishes the loan balance at the start of the community period, which determines how much principal remained to be paid down with community funds.
Date of separation — establishes how much principal was paid during the marriage, which is the community's contribution to the Moore/Marsden calculation.
Present date — needed for current equity analysis.
If the loan was refinanced during the marriage, you will need statements bracketing each refinance as well.
Property Valuations
The Moore/Marsden formula requires the property's value at key points in time:
Date of marriage
Date of any refinance during the marriage
Date of separation
Present date
Formal appraisals are ideal. In some cases, retrospective appraisals or market analyses can be used for historical dates, but the more documentation the better.
Refinance Documents
If the property was refinanced during the marriage, you will need:
Closing and escrow statements for each refinance
The promissory note and deed of trust for each new loan
The HUD-1 or Closing Disclosure showing the payoff of the prior loan and the disposition of any cash-out proceeds
Cash-out refinances are particularly important. If community property equity was cashed out and spent — or if separate property funds were used to pay down a refinanced loan — those facts can significantly affect the calculation.
Property Improvements
Improvements made during the marriage using community funds can affect the property's value and, depending on how they are treated, the equity analysis. Gather:
Contractor agreements and invoices for all work done during the marriage
Proof of payment (bank statements, cancelled checks, credit card records)
Building permits and certificates of completion where applicable
Why This Matters Before You File
Moore/Marsden disputes are among the most document-intensive issues in California family law. The formula is only as accurate as the records behind it. Missing a mortgage statement, losing a closing disclosure, or being unable to trace the source of a down payment can result in a less favorable outcome — or prolonged litigation.
If you are approaching a separation and own property purchased before or during your marriage with a mortgage, start gathering these documents now. The earlier you organize them, the cleaner the analysis — and the stronger your position.