In re Marriage of Moore
Supreme Court of California
28 Cal. 3d 366, 618 P.2d 208 (1980)
Lydie Moore (plaintiff) purchased a home for $56,640.57 in 1966, putting down $16,640.57 and financing the rest, reducing the loan's principal by $245.18 through monthly payments before marrying David Moore (defendant) roughly eight months later; the couple lived in the home during their marriage and made loan payments using community funds, covering principal, interest, taxes, and insurance, before separating in 1977, after which Lydie continued making payments. By trial, total principal paid was $23,453.02, the remaining loan balance was $33,187.55, the home's value was $160,000, and its equity was $126,812.45. The trial court held the home was Lydie's separate property but recognized a community interest based on community-funded loan payments, calculating that interest solely by the ratio of community payments' contribution to principal reduction, excluding any credit for interest, taxes, or insurance paid; David appealed the calculation method.
Whether a community interest in separate property paid partially using community-property funds includes taxes, interest, or insurance paid on the property.