COMMINGLED BANK ACCOUNTS

Question 1

Commingled Bank Accounts Checklist

Answer 1

• Commingled Bank Accounts
  
  • Direct Tracing Method
  • Indirect Tracing Method

Question 2

Commingled Bank Accounts

Answer 2

A commingled bank account is presumed CP unless one spouse can demonstrate, through tracing, that a particular asset was acquired using her SP funds.

Question 3

Direct Tracing Method

Answer 3

When using direct tracing, the rebutting spouse must demonstrate that (1) there were adequate SP funds available when the asset was acquired, and (2) it was her intent to acquire the asset using her SP funds.

Question 4

Indirect Tracing Method

Answer 4

The indirect tracing method presumes that CP funds are used first to pay for community expenses. Therefore, the rebutting spouse must indirectly prove that SP funds were used to acquire an asset by demonstrating that Cp funds were exhausted.