Separate Property Tracing Cheryl L. Isbell, CFE, CDFA © Isbell Financial.

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Presentation transcript:

Separate Property Tracing Cheryl L. Isbell, CFE, CDFA © Isbell Financial

Agenda of Discussion Items Types of Property to be Traced Checking, Savings, Money Market, Certificates of Deposit Investments, IRA, SEP Primary Residence, Residential & Commercial Rental Automobiles, Motorcycles, ATVs, Boat Gift or Inheritance Bank Accts 401(k), Profit Sharing, Pension Brokerage Retirement Real Estate Vehicles Gift/Inheritance

Bank Account Tracing All Statements for account from Date of Marriage to Present Federal Record Retention Requirements Checking, Savings, Money Market and Certificates of Deposit

Brokerage Account Tracing All Statements for account from Date of Marriage to Present Federal Record Retention Requirements Investment Accounts, IRA, SEP, etc.

Employer Retirement Account Tracing All Statements for account from Date of Marriage to Present 401(k), Profit Sharing, Pension

Real Estate Tracing Deed Records HUD-1 Settlement Statement Bank Records if purchased during marriage Primary Residence, Residential Rentals, Commercial Properties

Vehicle Tracing Title documents Bank statements showing purchase information Automobiles, Motorcycles, ATVs, Boats

Gift/Inheritance Tracing Transfer Documents Gift Tax Returns Will Copy of checks

Case Studies Three Interesting Examples of Separate Property Tracing Checking Account Brokerage Account Primary Residence

Community Out First Is it the only methodology? What happens when it flows to another asset? Methodology Matters Checking Account Tracing

Assumptions Must Assume in Favor of the Community What Do You Do If Statements Are Missing? Can You Trace? Marriage More Than 7 Years Can you obtain all of the statements? Something Missing?? Brokerage Account Tracing

Purchase of Primary Residence during the marriage Separate Property funds used at closing What is the character of the earnest money deposit? When a prenuptial agreement really makes a difference Hiding in Plain Sight Real Estate Tracing

Questions?