Marriage of Frick
Court of Appeals of California
226 Cal. Rptr. 766 (1986)
Jerome Frick (plaintiff) owned real estate housing the Mikado Hotel and Restaurant, subject to a mortgage payable to Transamerica; the Mikado paid rent into Jerome's personal account both before and during his marriage to Hiroko Frick (defendant), and Jerome paid the mortgage from that same personal account, with the monthly rent deposit always exceeding the monthly mortgage payment amount. In an action to determine community versus separate property, the trial court found the mortgage principal-reducing payments were made from community property, and Jerome appealed.
Whether a deposit of separate income into a commingled account that is greater than the amount of a subsequent expenditure is sufficient evidence to show that separate property was used for the expenditure.