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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I appreciate your previous reply. However, I would like to

Customer Question

I appreciate your previous reply. However, I would like to know if this is California Law, Family code or other reference. The reason for my request is that there are 2 lawyers saying... - Moore Marsden doesn't apply once she is on the title, 50/50 ownership-obligation,
down payment is not a factor. and there are 2 lawyers saying... - Moore Marsden does apply I don't understand how this can be confusing. Please let me know how to clear this up.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi and thank you for requesting me to assist you again. I think the best way to help you resolve this is to link you directly both to the past decisions and the calculations. Notice that the decisions focused on property that was still 'separate' when divorcing, not once it was made communal, and that is where I based my decision on. But there may be a different interpretation. As such I wanted to provide you with such information and ensure that you can review it on your own. http://farzadlaw.com/family-law-appellate-decisions/moore-marsden-law-calculation-examples/ Please let me know if I can help clarify anything else. Sincerely, ***** *****
Customer: replied 1 year ago.
Thank you for your time. However, after doing much reading, it seems that the title forces a transmutation and the family code 2640 kicks in for reimbursement then the value at title change is the basis for the equal share calculation. Just an FYI from a non legal professional. Thanks for your help.One good reference is here http://www.thurmanarnold.com/FAQs/FAQs-My-Husband-Owned-the-Residence-Before-Marri.aspx
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, That is correct, transmutation has now taken place. But then it is his burden to claim and prove past equity, because by default the split becomes a 50/50 share. Since you were arguing for a greater share for the newly entered party to the title, the transmutation lowers the share, and it has to be argued by that party, and not the new owner to be viable. Sincerely, ***** *****