Marital Residence Division — Moore/Marsden Apportionment

COMMUNITY_PROPERTY 60 min medium
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Fact Pattern

In 2015, Hank and Wanda married in California. Before the marriage, Hank had accumulated $250,000 in a savings account from his salary at a tech company. In 2016, the couple purchased a home for $1,000,000. Hank used his $250,000 in premarital savings as the down payment, and the couple financed the remaining $750,000 with a mortgage. Title was taken in both names as 'husband and wife.' Over the next eight years of marriage, mortgage payments totaling $320,000 in principal (exclusive of interest) were made entirely from Hank's salary earned during the marriage.

In 2020, Wanda received a $150,000 inheritance from her late aunt's estate. She deposited this into a joint checking account used for household expenses. Over the next two years, approximately $80,000 of the inheritance funds were used for family vacations, home improvements, and the children's school tuition. The remaining $70,000 sat commingled with community funds in the joint account.

In 2022, Wanda used $50,000 from the joint account to purchase shares of stock in GreenTech Corp., titling the shares solely in her name. The shares appreciated to $120,000 by the time of trial. Wanda claims the stock purchase was funded by the remainder of her inheritance.

In 2024, Hank filed for dissolution of marriage. At the time of separation, the family home was appraised at $1,400,000, with a remaining mortgage balance of $430,000 (equity of $970,000). The joint checking account had a balance of $35,000.

Call of the Question

How should the court characterize and divide the family home? Discuss the community property presumption, Hank's separate property claim, and the appropriate apportionment formula.

How should the court characterize the GreenTech Corp. stock? Discuss Wanda's tracing claim, the effect of commingling, and what presumptions apply.