top of page

DID YOU KNOW BY ATTORNEY F.M. ZAVALA

Effect of Commingling on Characterization

In general, the “commingling”—mixing—of separate and community property into one whole does not destroy the character of its respective components if their amounts can be ascertained.


However, when property is so commingled that the separate and community components cannot be traced and identified, the general presumption in favor of community property, Fam. Code § 760

requires that all of the commingled property be characterized as community.


If a community presumption thus arises, the burden is on the spouse asserting that the property is separate to overcome the community presumption by tracing the funds to a separate source, assuming that tracing is permissible in a particular case.

1 view0 comments

Recent Posts

See All

CA FAMILY LAW SANCTIONS AGAINST ATTORNEYS, PARTIES OR WITNESSES FOR NOT FOLLOWING COURT RULES CA Rules of Court, Rule 5.14 For purposes of the rules in this division: (2) "Person" means a party, a pa

RETROACTIVITY OF SPOUSAL SUPPORT IN CA FAMILY LAW DISSOLUTION OF MARRIAGE Fam. Code, § 4333, controls the permissible date on which a permanent spousal support order may begin. It authorizes a court t

TEMPORARY VS. PERMANENT SPOUSAL SUPPORT IN CA FAMILY LAW DIVORCES California law provides for two distinct types of spousal support—temporary and permanent. Awards of temporary spousal support do not

Post: Blog2_Post
bottom of page