Family Court: Characterizing Property
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§4.05 Property Acquired on Credit

You must determine the character of property acquired on credit by the seller's intent to rely on one of the following [see Gudelj v Gudelj (1953) 41 C2d 202, 210]:

  • The purchaser's separate property, or
  • A community asset or income stream.

In the absence of evidence tending to prove that the seller "primarily relied" on the purchaser's separate property in extending credit, you should apply the presumption that property acquired during marriage is community. [Gudelj v Gudelj (1953) 41 C2d 202, 210.]

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