CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........Property Acquired With Borrowed Funds
............Loan Proceeds Held S/P
6 Cards On This Topic:
  • Loan acquired on W's s/p residence held her s/p despite both parties' incomes being listed on loan application.
  • The fact that W joined in the note and mortgage on H’s s/p given to secure the repayment of the money borrowed to purchase it does not affect the character.
  • Quitclaim deed from H to W rebuts presumption that loan proceeds used to purchase property were c/p.
  • Loan proceeds held H's s/p even though W signed note and deed of trust, when only other inducement for loan was H's s/p.
  • Loans made on personal credit of either spouse during marriage are c/p.
  • Party claiming asset acquired on credit during marriage is s/p has burden to establish fact by clear and convincing evidence. Rule stated.