Nature of the Case
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Facts
H and W were married on September 4, 1958, and separated on December 14, 1968. There is one child of the marriage, a boy born February 24, 1960. At the time of marriage W was an attorney admitted to practice in California and H, a musician and part-time teacher.
By the time of her separation, she had become a 40 percent partner in the firm and earned about $25,000 annually. H's career as a musician, including regular employment with the Sacramento Symphony Orchestra, proved to be a good deal less remunerative; his annual income was generally between $1,000 and $3,000. At the time of her marriage, W owned considerable property. The parties changed H's checking account at the Bank of America into their joint account. They deposited all their earnings as well as W's income from her separate property. This practice continued until 1963 when W opened an account in her name alone at the California Bank. In this account, she deposited most of her income both from her law practice and her various investments. H appealed the division of property. The trial court rested its finding as to W's separate property on two independent bases: (1) that W had adequately traced the source of the funds withdrawn from the commingled bank accounts for use in connection with the aforementioned properties to her separate funds; (2) that there was an agreement between H and W that all property purchased by the latter in her own name during marriage was to be her separate property.
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