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.