CALIFORNIA FAMILY LAW
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Community Property Issues
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Characterization
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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.