Case notes / Tracing and characterization

In re Marriage of Mix

Citation
14 Cal.3d 604
Court
California Supreme Court
Decided
1975

Summary

The court approved direct tracing as a way to keep separate character through a commingled account. Where records identify separate funds deposited and show those funds were used for a specific acquisition, the property keeps its separate character even though community funds passed through the same account.

What it means for the financial analysis

Mix is the authority for direct tracing. Its value to the analyst is practical: the quality of bank records and the ability to tie specific deposits to specific withdrawals decide whether a claim succeeds.

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