CALIFORNIA FAMILY LAW
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Community Property Issues
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Characterization
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Property Acquired With Borrowed Funds
............Loan Proceeds Held C/P
8 Cards On This Topic:
Loan proceeds from loan taken out in H's name alone held c/p because based on c/p credit.
The transmutation requirements had to be met for the character of property purchased with community loan proceeds to become husband's separate property as stated in the conveyance of title.
H's personal guarantee of a loan secured by his s/p asset meant that an apportionment of the benefits deriving from the loan proceeds was required.
Intent of lender determined by actual ownership of underlying security, not record title.
House built after separation, with funds borrowed from H's c/p pension plan, held c/p.
The proceeds of a loan made on the personal credit of either spouse are regarded as c/p.
Party can't unilaterally apportion proceeds of loans between c/p and s/p.
Loan proceeds were c/p because credit was extended on the strength of community earnings.