Q: Who has burden of proof for community or separate property?
I made $M until January 2018 and stored that money in a separate bank account. I then got married in October 2018 and invested the money in US Treasury notes for fixed interest income. I never moved or commingled the money with other income to keep it as separate property because I understand the concept of separate and community property. My wife has asked me for bank statements, past tax returns, etc., via discovery, and I have sent all of those things and opened them freely immediately. In this case, should she take the burden of proof while I sit down with my arms crossed, or do I have to take the burden of proof?
A: The burden of proof for distinguishing between community and separate property can vary depending on the jurisdiction and circumstances. In community property states, property acquired during the marriage is generally considered community property by default. However, property acquired before the marriage or through specific means may be considered separate. It's advisable to consult with a family law attorney who can provide guidance tailored to your jurisdiction's laws and help you understand the burden of proof in your case.
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