Marriage of Mix

Richard Mix and Esther Mix were married and kept a joint bank account into which both deposited their income, with Esther earning substantially more than Richard. Esther used funds from the joint account and from other accounts holding her separate funds to buy additional investment property during the marriage. At the dissolution trial, Esther's accountant produced a schedule matching her separate-property purchases to her separate income by date and amount, and Esther testified the schedule was accurate. Richard argued that without corroborating bank records for most entries, Esther could not overcome the presumption that property acquired during marriage is community property. The trial court sided with Esther, and Richard appealed.