Legal Question in Family Law in California
I am going through a divorce and one of the issues I would like clarity on involves a stock account that my husband inherited before the date of marriage. He inherited this account from his grandfather and during our 20 years of marriage the stock was sold, borrowed against and new stock was bought. It was an ongoing process throughout our 20 years of marriage and I truly believe that he comingled funds from the community at least some of the time when he was buying and sometimes when paying off loans taken against the stock. He insists that he only traded and paid off within the account and never used any money that came from outside the account. He can only get records from now until 1999, so that leaves 14 years of records he cannot get. The other issue with this account is that we sold $100,000.00 worth of stock (which wasn't the original stock) to buy our house in 2000. He is also claiming that the downpayment should be credited to him since it came out of "his account".
1 Answer from Attorneys
I'm not sure what your question is. You seem to understand the legal issues, if not in exact legal terms. He's claiming a total separate property interest in his account and what is called a Moore-Marseden interest in the community property home. You contend the account is mixed, or possibly so co-mingled that it has lost its separate property status entirely. Your problem is the evidence of this is gone or hard to get. So what is the question?
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