Holden v. Holden

In Holden v. Holden, 31 Va. App. 24, 520 S.E.2d 842 (1999), the Court held that Mr. Holden's separate funds were retraceable even though other deposits and withdrawals occurred during the relevant time period. 31 Va. App. at 29, 520 S.E.2d at 845. It was uncontested that the February 1992 deposits into the parties' joint account were derived from the sale of Mr. Holden's separate property; that the deposits were made so the parties would have sufficient funds for a down payment on a piece of real estate; and that, absent the deposit of Mr. Holden's separate funds, the parties would have lacked sufficient funds to make that down payment in April 1992. Id. Under those circumstances, we reversed the trial court's conclusion that Mr. Holden failed to retrace the separate property that had been commingled with marital property. Id. at 29-30, 520 S.E.2d at 845.