Tracing

Question 1

General Rule on Tracing

Answer 1

Commingling SP And CP does not transfer or transmute SP into CP so long as each asset can be traced to SP w/ Burden on the SP Propoent

Question 2

Presumptions when Tracing

Answer 2

Family Expenses Presumption: expenditures for family expenses presumed to be paid for using CP

Gift to Community Presumption: If SP used to pay family expenses –> presumption is it is a gift to the community not entitled to reimbursement

Question 3

Method of Tracing

Answer 3

Exhaustion Method: was CP exhausted at time? –> then bought with SP

Direct Tracing (“Quick in - Quick out”): SP deposited shortly before purchase makes purchase SP

Question 4

Tracing and Joint Title Presumption

Answer 4

Tracing CANNOT overcome Joint Title Presumption