Malmquist Analysis – $1,250 (includes 2 appraisals) or $1,000 with outside appraisals
A Malmquist1Analysis is required when one party has a property they owned prior to marriage, but the parties used community property funds to pay the property’s mortgage. The property is separate property by definition, as it was owned prior to marriage, but a community property interest exists because the parties used community funds to maintain the property.
The formula for determining the community property interest is quite complex, and not fully understood by most family law practitioners. In order to conduct a Malmquist Analysis, two appraisals are required, one from the date of marriage, and one current.
At Family Law Solutions, we can prepare a comprehensive report detailing the proper Malmquist calculation. This service can either be used to prepare a joint report, or by one party.
1 Malmquist. v. Malmquist, 792 P.2d 372 (1990).