§4.07 Direct Tracing

The first method involves direct tracing. Separate funds do not lose their separate character when commingled with community funds in a bank account if the amount of separate funds can be ascertained. If money is withdrawn to purchase specific property, questions of fact that you must determine include [Marriage of Mix (1975) 14 C3d 604, 612]:

• Whether separate funds continue to be on deposit when the withdrawal is made, and
• Whether the drawer intended to withdraw separate funds.

The party seeking to establish a separate interest in presumptive community property must keep adequate records. The party must show the exact amount of money allocable to separate and community property before you may find that money allocable to separate property is not so commingled that all funds in the account are community property. [Marriage of Frick (1986) 181 CA3d 997, 1011.]