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• Question: What is the complete legal citation for Malmquist? 
• Answer: Malmquist v. Malmquist, 792 P.2d 372, 106 Nev. 231 (Nev. 1990).
• Question:  Does the Malmquist Formula remain good law? 
• Answer: Yes. 
• Question: Which court made the decision in Malmquist to adopt the Malmquist Formula for apportioning the community and separate property interests? 
• Answer: The Nevada Supreme Court.
• Question: Is it mandatory for a court to apply the Malmquist Formula when a house is purchased prior to marriage but community funds were used to pay down the mortgage? 
• Answer: Yes, if applicable. 
• Question: What is the actual Malmquist Formula? 
• Answer: The Malmquist Formula is a two-part mathematical formula involving the performance of complex arithmetic. It is depicted below. 

CP = PD + [ ((PD + OL) / PP) x A]

SP = PD + [ ((PD + OL) / PP) x A]

• Question: What are all the different variables in the Malmquist Formula? 
• Answer: (1) total separate property interest in home equity (2) total community property interest in home equity (3) pay down attributable to separate (4) pay down attributable to community property (5) portion of outstanding loan to be credited to separate property (6) portion of outstanding loan to be credited to community property (7) purchase price (8) appreciation value. 
• Question: Do I need to be a math expert to compute the Malmquist Formula? 
• Answer: No, you do not need to be an expert or have any particular credential to perform the calculations. 
• Question: How do I know what value to assign to the variables in the Malmquist Formula? 
• Answer: There is no simple answer to this question. To apply the Malmquist Formula accurately, the practitioner must have a solid understanding of the relevant facts of each case, must understand the questions that still remain unanswered after the Malmquist ruling, and must understand how the Formula intrinsically works. 
• Question: What if my client has not provided me with all the information and documents I requested? Can I still perform the Malmquist Formula calculations? 
• Answer: Generally, yes. The Malmquist court indirectly suggested that the calculations can still be made even with some missing data. 
• Question: Does the Malmquist Formula exist in states other than Nevada? 
• Answer: Possibly, in some form or variant. 
• Question: Why can’t I just use one of the calculators online to do the calculations? 
• Answer: There is no way to verify if the online calculators are using the same formula. Additionally, the Malmquist Formula does not involve merely inputting numbers into a calculator. First, the practitioner must have knowledge of the possible values that make up the variables. Second, the practitioner must also have the skill, understanding and discretion to select the values that are most favorable for their client. This helps ensure their client is receiving the maximum apportionment possible. 
• Question: Do I need to show the court all of my Malmquist calculation or can I just submit the final numbers in my brief? 
• Answer: Although the decision is left to the practitioner’s discretion, it is highly recommended that the practitioner provide enough information for the court to determine that the calculations are accurate and the apportionment is proper. Therefore, a description of all the calculations is most favorable. 
• Question: Do I need to submit a Malmquist Formula report if opposing counsel has already done so? 
• Answer: It is best to do so. This helps ensure your client is awarded the maximum apportionment of the residence allowed. 
• Question: Do I need to have an outside party prepare the Malmquist Formula report or can I just do it myself? 
• Answer: This is left to the practitioner’s discretion. Please note however, that it will likely save your clients money to outsource the work because there is no limit on how many hours are devoted to each case. 
• Question: Do I need an expert to testify concerning the Malmquist calculations? 
• Answer: No. 
• Question: Is it considered malpractice if I do not submit a Malmquist Formula report? 
• Answer: There is no definitive case law on this issue. However, if not using the Malmquist Formula ends up costing your clients thousands of dollars, it is likely that a malpractice complaint will be contemplated.  
• Question: Do I need to request residential appraisals prior to requesting a Malmquist Formula report? 
• Answer: Yes. The values contained  in the appraisal reports are necessary in order to complete the calculations. 
• Question: How much time do you spend in preparing the Malmquist Formula report? 
• Answer: The time spent may vary anywhere from two hours to eight hours, and possibly more.