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Estate of Murphy

Supreme Court of California

544 P.2d 956 (1976)

Relevant factsFree

Murphy commingled his separate-property income into joint accounts with his wife Royene throughout their marriage without maintaining records distinguishing separate from community funds, and their community income always sufficiently covered family expenses; after both spouses died, Murphy's legatees (plaintiffs) argued certain estate assets were separate property based on the mere availability of separate funds at the time of purchase, and the trial court found the legatees failed to prove separate character, ruling the assets community property.

IssueFree

Whether a party can prove that property purchased during a marriage is separate property based solely on the availability of separate funds at the time of the purchase.

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