CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........Tracing
............Tracing Burden Met
5 Cards On This Topic:
  • H was not limited to direct or exhaustion tracing methods and court could consider and credit H's alternative method where H carried his burden of proof.
  • H's testimony that he made all paymts. on s/p RE from uncommingled s/p bank account was substantial evidence for find. c/p had no interest based upon paymts.; no req't to produce specific records unless paymts. made from commingled account.
  • Trial court's finding of adequate tracing of s/p from inheritance supported by substantial evidence.
  • Where commingled monies were still ascertainable, they retained their original character.
  • Tracing spouse traced sufficiently to overcome c/p presumption.