Thus, Farmer s land is both separate and community property. In this case, the farmland is commingled but it is easily identifiable because we have county records, which are easily located and specifically identify the property. Example B. Husband opens a bank account with funds which are clearly separate inherited monies. He then deposits his paychecks into the account community monies. The account is commingled.
Wife withdraws funds to pay expenses.
Under the community out first presumption, she has withdrawn community funds. If she withdraws all of the money out of the account, she has withdrawn both community and separate property. The separate property is gone. Example C. Husband takes both separate and community funds to buy Microsoft stock. If we are unable to trace the separate funds, then no one knows.