In re Marriage of Aufmuth

In In re Marriage of Aufmuth (1979) 89 Cal.App.3d 446, the wife received a substantial down payment from her parents which was used by the husband and wife to purchase the marital residence; there was evidence that the parties intended the residence to be community property and had always treated it as such. The husband, an attorney, was the family breadwinner and all the payments on the property were made from his earnings. Under these circumstances, the court traced the wife's separate property interest and allowed the community to claim entitlement to that portion of the property acquired with community funds. In Aufmuth, it was uncontroverted that the parties intended the residence to be community property. The property was acquired by the parties during the marriage. The Aufmuth court determined the respective interests of separate property and community property from the payments made at the time of the purchase, not the total payments made on the purchase price.