This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Family

Jul. 19, 2006

Don't Rely on Income, Expense Declarations Without Support

Focus Column - In In Re Marriage of Nelson, 139 Cal.App.4th 1546, 44 Cal.Rptr.3d 52 (2006), the 6th District Court of Appeal finally decided that a fair rental offset could not be factored into the Moore/Marsden calculation (the now well-established rule that when husband and wife use community earnings to pay the principal balance on a mortgage on one spouse's separate property, the community acquires a pro tanto interest).

Focus Column

By Warren R. Shiell



In In Re Marriage of Nelson, 139 Cal.App.4th 1546, 44 Cal.Rptr.3d 52 (2006), the 6th District Court of Appeal finally decided that a fair rental offset could not be factored into the Moore/Marsden calculation (the now well-established rule that when husband and wife use community earnings to pay the principal balance on a mortgage on one spouse's separate property, the community ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up