What is the test for establishing post-separation property?

California, United States of America


The following excerpt is from Price v. Turkanis, B226221 (Cal. App. 2012):

"The presumption that all property acquired by either spouse during the marriage is community property may be overcome." (In re Marriage of Mix (1975) 14 Cal.3d 604, 611.) Such postmarital property can be established as separate property by two independent methods of tracing. (Id. at p. 612.) The first method uses direct tracing. "'[S]eparate funds do not lose their character as such when commingled with community funds in a bank account so long as the amount thereof can be ascertained. Whether separate funds so deposited continue to be on deposit when a withdrawal is made from such a bank account for the purpose of purchasing specific property, and whether the intention of the drawer is to withdraw such funds therefrom, are questions of fact for determination by the trial court.'" (Ibid.) "A determination of these issues is part of the process of tracing the source of funds used in making the purchase under review. If the source of such funds is traced to separate property, even though the process of tracing involves a withdrawal from a bank account consisting of commingled separate and community funds, the property acquired is separate property." (Hicks v. Hicks (1962) 211 Cal.App.2d 144, 157.)

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