CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........Tracing
............Exhaustion Method/Fam. Exp. Presump.
7 Cards On This Topic:
  • To establish property purchased from commingled fund is s/p, must show that at the time of acquisition, all c/p in account was exhausted by c/p expenses.
  • Showing that rental income from s/p house exceeded expenses is insufficient tracing; must show that each payment was made from s/p.
  • Community living expenses are presumed paid out of c/p income.
  • H met burden of showing that c/p expenses exceeded c/p income by circumstantial evidence; exact tracing not required.
  • H is presumed to support family out of c/p funds and to preserve s/p.
  • Money used for family expenses is drawn from c/p funds before there is encroachment on s/p.
  • Family Expense Presumption.