CALIFORNIA FAMILY LAW
...Community Property Issues
......Duties/Management & Control
.........Missing Assets
4 Cards On This Topic:
  • In disso proceeding to divide c/p, where non-managing spouse has prima facie evidence that community assets disappeared while in the control of managing spouse post-separation, managing spouse has BOP to account for the missing assets.
  • The mere absence of assets 4 years after separation insufficient to raise inference that H disposed of them inappropriately.
  • H must account for funds received immediately prior to separation or be charged for them.
  • Assets properly awarded to H despite his testimony they had been lost pretrial due to his failure to substantiate his testimony.