CALIFORNIA FAMILY LAW
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Community Property Issues
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Characterization
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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.