CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........Property Acquired With Borrowed Funds
............Intent of Lender Test
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Character of property purchased with borrowed funds depends upon intent of lender.

Failure of the borrower to establish the lender's intent required that the presumption that the property acquired was c/p prevail.

Factors to be considered in determining whether loan was made based on c/p or s/p credit.

Intent of lender test requires that lender intended to rely solely on separate property and did in fact do so.

Intent of lender determined by actual ownership of underlying security, not record title, even before marriage.

Lender must rely "primarily" on s/p for proceeds of loan during marriage to be s/p.

H’s personal guarantee of corp. notes does not transform assets purchased with proceeds into c/p assets where loans made to corp. based on adequate security and corp. repaid them.