CALIFORNIA FAMILY LAW
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Community Property Issues
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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.