Better keep track of those deposits and withdrawals

In a marital dissolution proceeding to divide community property, where the non-managing spouse has prima facie evidence that community assets of a certain value have disappeared while in the control of the managing spouse post-separation, the managing spouse has the burden of proof to account for the missing assets.

Husband and wife separated after a 33-year marriage and, for 12 post-separation years,continued to handle their joint finances as before: Husband had complete control of substantial community investment accounts and paid all the bills; wife trusted him to manage their finances for their mutual benefit. Just before trial, however, husband disclosed for the first time that the once-brimming investment accounts were virtually empty. Without any corroborating evidence, he attributed the dissipation of account values to proper expenditures and stock market losses.

At trial, wife argued the court should charge husband with the missing funds unless he proved he did not misappropriate the money. The Court of Appeals agreed.

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