In re Marriage of Moore

In In re Marriage of Moore (1980) 28 Cal.3d 366, an unmarried woman bought a house in 1966 by making a down payment and securing a loan for the balance of the purchase price. For a brief period, she also reduced the loan balance through payments from her earnings. She then married, and the loan payments were made with community funds until she separated from her husband in 1977. Thereafter, she made mortgage payments from her own funds until the time of trial. At issue in Moore was the determination of the community's percentage interest in the house--which the trial court had found to be the woman's separate property--by virtue of the use of community funds to reduce the loan balance. ( Moore, supra, 28 Cal.3d at pp. 370-371.) The court held that the loan was a separate property contribution, and that the woman was entitled to credit for the down payment. ( Id. at p. 373.) It calculated the woman's separate property percentage interest by adding the amounts of the down payment and the loan, subtracting the amount to which the community payments had reduced the loan balance, and dividing the result by the purchase price. It further calculated the community property percentage interest by dividing the amount that the community payments had reduced the loan balance by the purchase price. In Moore, the Supreme Court rejected the husband's argument that interest, taxes and insurance should be included with the mortgage payment in the computation of the community's interest in the wife's separate property. It explained: "Since such expenditures do not increase the equity value of the property, they should not be considered in its division upon dissolution of marriage. The value of real property is generally represented by the owners' equity in it, and the equity value does not include finance charges or other expenses incurred to maintain the investment. Amounts paid for interest, taxes and insurance do not contribute to the capital investment and are not considered part of it. A variety of expenses may be incurred in the maintenance of investment property, but such expenses are not considered in the valuation of the property except to the extent they may be relevant in determining its market value from which in turn the owners' equity is derived by subtracting the outstanding obligation." ( Moore, supra, 28 Cal.3d at p. 372.)