What is the Moore-Marsden rule in California?
Asked by: Scarlett Lowe I | Last update: June 28, 2025Score: 4.5/5 (42 votes)
Historical Context of the Moore/Marsden Calculation Essentially, they ensured that if community funds (joint earnings from both spouses during marriage) were used to pay for a property initially purchased with separate funds, then the community has a right to a proportionate share of the property's equity.
What is the Moore Marsden rule?
The two cases of Moore and Marsden held that the community in a marriage may receive total reimbursement when the community pays down the principal, along with a pro tanto share of the appreciation of the property from the date of the couple's marriage to the date of the divorce trial.
What is Dillon's rule in California?
The Dillon Rule is the principal that local government only exercises (1) powers expressly granted by the state, (2) powers necessarily and fairly implied from the grant of power, and (3) powers crucial to the existence of local government.
Are you responsible for your spouse's debt in California?
Essentially, this means they are owned equally by both parties in the marriage. As such, any debt acquired by your spouse during your marriage essentially becomes yours. This means any debt your spouse was in before the union will remain theirs unless you become an authorized user on their account.
What is the Tarasoff rule in California?
In 1985, the California legislature codified the Tarasoff rule: California law now provides that a psychotherapist has a duty to protect or warn a third party only if the therapist actually believed or predicted that the patient posed a serious risk of inflicting serious bodily injury upon a reasonably identifiable ...
What Is A Moore Marsden Calculation?
Is there a duty to warn in California?
Although warning may provide legal immunity, a counterproductive warning is not clin- ically or ethically warranted and, again, in California is no longer mandated. To be found liable for an alternative protective action, a plaintiff would have to prove that the therapist's action was negligent.
What is the warn threshold in California?
Is a WARN notice required for companies laying off 50 or more employees from multiple work sites? A company with 75 or more employees must file a WARN notice if it lays off 50 or more employees in a 30-day period.
What is the 10 year marriage rule in California?
For marriages that have lasted over 10 years, the court may have jurisdiction permanently. This doesn't mean that the alimony payments themselves will be permanent, but they could be. Rather than having a specified termination date, the court has the ability to modify or terminate the payments indefinitely.
Do I have to pay my deceased husband's credit card debt in California?
Because California is a “community property” state (in which property acquired during a marriage is presumed to be co-owned by both spouses), a widow or widower are held responsible for the debts on assets they co-owned with their spouse. In California, creditors only have one year to collect on a debt.
How do I protect myself from my husband's debt?
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
What is the Cartwright Act in California?
The Cartwright Act prohibits trusts, which are defined as a combination of capital, skill or acts by two or more persons to, inter alia, create or carry out restrictions in trade or commerce.
What is the made whole Rule in California?
The make whole doctrine means you, the injured person, have to be "made whole" before any private or public health lien interest (any private or public health insurance plan) can take reimbursement from your gross settlement from a personal injury case.
What is the home rule in California?
The home rule provision of the California Constitution authorizes a charter city to exercise plenary authority over municipal affairs, free from any constraint imposed by the general law and subject only to constitutional limitations.
What is the Pendergrass rule?
In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass'n v. Pendergrass1 prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement if the evidence directly contradicted the terms of the written agreement.
What is the difference between 2640 and Moore, Marsden?
The biggest difference between a Moore/ Marsden and a Family Code Section 2640 apportionment is that in a Moore/ Marsden apportionment, the community actually earns a percentage of the increase in value of the property—with a 2640 reimbursement the separate property contribution does not increase the ownership ...
How to calculate Moore-Marsden interest?
Add together the dollar-for-dollar reimbursement and the pro tanto share and you get the community interest in the property. Multiply this by this equation: Numerator = Community property payments of principal. Denominator = Purchase price of the home.
What debts are not forgiven upon death?
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
What not to do when someone dies?
- Not Obtaining Multiple Copies of the Death Certificate.
- 2- Delaying Notification of Death.
- 3- Not Knowing About a Preplan for Funeral Expenses.
- 4- Not Understanding the Crucial Role a Funeral Director Plays.
- 5- Letting Others Pressure You Into Bad Decisions.
Can a wife use a husband's credit card after he dies?
No, a spouse cannot continue using the credit card of their deceased partner. Doing so is credit card fraud. The only time that's possible is if the partner is a joint cardholder, which is a fairly rare situation these days.
How long do you have to be married to get half of everything in California?
To receive half of the marital assets in a California divorce, the duration of the marriage is less important than the principles of community property law. Whether a marriage lasted one year or over ten years, the assets accumulated during that period are typically divided equally.
Does a husband have to support his wife during separation?
A: No, spousal support is not mandatory in California and is fairly uncommon in divorce cases. If couples have been married for a long duration or one spouse makes substantially more than the other, the court may award support to the lower-earning spouse.
What is the 90 day marriage law?
Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the ...
What is the zone of danger rule in California?
Under California law, the zone of danger rule allows a party to seek non-economic damages if they suffer severe emotional distress, regardless of whether they suffer physical injuries or not.
Can you be laid off without notice in California?
An immediate termination is permissible under certain circumstances, such as: A Violation of Policies: An employer may lay off or terminate an employee without notice for violating company policies, displaying workplace misconduct, or for another justifiable reason.
What is the mini WARN law?
At a Glance: California's mini-WARN Act requires covered employers to provide 60 days' notice to affected employees and certain government parties in the event of a mass layoff, relocation or termination.