The Fourth Appellate District reversed a judgment. The court held that, after a non-managing spouse made a prima facie showing concerning the existence and value of community assets in the control of the other spouse post-separation, the burden of proof shifted to the managing spouse to rebut the showing or to prove the proper disposition or lesser value of those assets.
Elaine and Alan Margulis, husband and wife, separated but remained married for twelve years. During those years, Alan had complete control of substantial community investment accounts and paid all the bills. Elaine trusted Alan to manage their finances for their mutual benefit.
