Common questions
Malmquist division, answered
- What is a Malmquist calculation?
- It is the Nevada method for dividing the equity in a home that was bought with a mix of separate and community funds. Malmquist v. Malmquist, 106 Nev. 231, 792 P.2d 372 (1990) apportions both the contributions and the appreciation between the separate and community estates.
- Does the community estate share in the home's appreciation?
- Yes. Each estate's share of appreciation is its pay-down (down payment plus principal reductions) plus its time-rule share of the unpaid balance, divided by the purchase price, multiplied by the total appreciation. The community isn't limited to just the dollars it paid in.
- How is the unpaid mortgage balance split?
- By Nevada's time rule - in proportion to the number of routine monthly payments each estate made, not the dollar amounts (Malmquist, adopting the Moldave approach). Non-routine lump-sum paydowns are credited as contributions instead.
- Is a separate-property contribution reimbursed with interest?
- No. Malmquist holds that reimbursement of contributions - and of separately funded improvements - is simple reimbursement without interest.
Informational only, not legal advice. Consult a licensed Nevada attorney. Authority: Malmquist v. Malmquist, 106 Nev. 231, 792 P.2d 372 (1990).