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When both the community and separate estates of both spouses contribute consideration toward the purchase of an item, each estate is credited with a pro-rata share of the property determined by the amount of consideration applied to the acquisition before or at the time of purchase. If both community and separate estates contribute consideration when the property is acquired the property is co-owned as a tenancy in common between separate and community estates. The community portion is community owned.


Where community funds are used to make payments on property purchased by one of the spouses before marriage 'the rule developed through decisions in California gives to the community a pro tanto community property interest in such property in the ratio that the payments on the purchase price with community funds bear to the payments made with separate funds.'' (Citations omitted.) (In re Marriage of Moore (1980) 28 Cal.3d 366, 371, 372 [168 Cal.Rptr. 662, 618 P.2d 208]; accord In re Marriage of Marsden (1982) 130 Cal.App.3d 426, 436-437 [181 Cal.Rptr. 910].) Under this formula, one first determines the separate property and community property percentage interest in the property. The separate property percentage interest is determined by crediting ...

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