CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........Tracing
............Direct Tracing
11 Cards On This Topic:
  • Party who can trace s/p contributions to acquisition or improvement of c/p entitled to reimbursement absent written waiver.
  • Tracing which merely showed availability of s/p funds may be enough if buttressed by testimony that tracing accurate and that person had intention to use s/p to purchase asset.
  • Fact that rental income from s/p house exceeded expenses is insufficient tracing; must show that each payment was made from s/p.
  • Direct tracing explained.
  • Merely showing availability of s/p insufficient to overcome c/p presumption; must show funds actually used to purchase property.
  • Merely showing availability of s/p funds insufficient to overcome c/p presumption. Annual recapitulation insufficient.
  • Burden on person who commingles to keep adequate records to protect s/p. Rules stated.
  • Merely showing availability of s/p funds insufficient to establish that they were used to purchase specific asset.
  • If commingled funds used to purchase asset during marriage and s/p cannot be traced, c/p presumption prevails.
  • If s/p monies deposited to c/p bank account can be traced, s/p character not lost.
  • Party has a right to trace s/p income into c/p assets and, if he can do so, to preserve that s/p.