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Neither I nor my financial institutions--brokerage and banks--have records of my accounts during the early years of my 10-year marriage. I can go back only to 2006. How do I handle the gap in my property history? I cannot dispprove whether I added marital money to these accounts or If I moved separate property to a commingled account.
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You simply must produce the best and most accurate proof possible. At trial, you might need to testify without certain documents and see if your spouse refutes your claims as to separate property. However, you possess the burden of proving separate property claims. It is certainly possible that you could lose out on such claims if you cannot successfully prove your claim.
Answered on Feb 18th, 2013 at 3:40 PM