Case notes / Tracing and characterization

See v. See

Citation
64 Cal.2d 778
Court
California Supreme Court
Decided
1966

Summary

The court held that a spouse claiming separate property in a commingled account must trace it, and that family living expenses are presumed paid from community income. Separate property can be shown by proving community funds were exhausted by family expenses when the disputed acquisition was made, but a general recapitulation over the whole marriage is not enough.

What it means for the financial analysis

See is the foundation of the exhaustion method. It sets the evidentiary bar a tracing schedule has to clear: transaction-level analysis at the time of acquisition, not a totals-only reconciliation.

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