CALIFORNIA FAMILY LAW
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Community Property Issues
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Characterization
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Tracing
............Summary of Law
7 Cards On This Topic:
Rebutting c/p presumption by tracing.
Commingling defined.
Presumption that property acquired during marriage is c/p can be overcome by tracing.
Tracing requires formal record keeping.
The presumption of c/p controlled only when it was impossible to trace the source to s/p.
Commingling of s/p and c/p funds in a bank account does not result in a transmutation of s/p unless no longer able to ascertain character.
If H pays c/p indebtedness out of his separate funds at a time when the community funds are exhausted, he is entitled to reimbursement when the community account is replenished.