In Re Marriage of Rico

10 Cal.App.4th 706 (1992) 12 Cal. Rptr.2d 659 In re the Marriage of SHARON and RON RICO.

SHARON RICO, Appellant,

v.

RON RICO, Respondent.

Docket No. A054262. Court of Appeals of California, First District, Division Five.

October 26, 1992. [708] COUNSEL

Thomas & Urlik and Ande Thomas for Appellant.

James F. Clark for Respondent.

[Opinion certified for partial publication.[*]]

OPINION

KING, Acting P.J. —

I

INTRODUCTION

In this case we hold when, prior to marriage, spouses each contributed separate property funds to purchase real property, with title taken in both names as tenants in common, and payments after marriage are made with community funds, the correct method to calculate the separate and community interests of the parties upon dissolution is the same method as when the property is the separate property of only one spouse and payments after marriage are made with community property funds, that method generally known as the Moore-Marsden rule.

[709] II

BACKGROUND

Sharon and Ron Rico married in 1980 and separated in 1988. They had lived together for a year before the marriage. In 1979, they bought a house for $150,334, taking title as tenants in common. Ron made a deposit of $3,109 toward the purchase of the residence and paid into escrow a balance due of $33,714. Sharon paid Ron $1,500 toward the purchase. Ron subsequently contributed additional sums for improvements on the property before marriage.