In In re Marriage of Higinbotham (1998) 203 Cal. App. 3d 322, Maurice Higinbotham bought a house in 1965 located on Church Street in Ukiah. He assumed an outstanding loan in purchasing the house. After his marriage to Delois in 1967, the Church Street house was rented. The parties' earnings were heavily intermingled between two checking accounts, and they paid the loan on the Church Street house from these commingled funds. The trial court held the community had earned a pro tanto interest in the house based on all payments made during the marriage. On appeal, husband claimed the source of the payments came from separate property, the rent from the house. The appellate court held the community acquired an interest in the house because community funds were used to pay down the loan.