Forensic Tracing

The source of funds for each major asset on the marital estate. Tracing identifies hidden assets, commingled funds, and supports the character determination (§25-211).

Accounts or transactions showing evidence of commingled separate and community property, unexplained deposits, or timing inconsistencies that may indicate concealment.

Assets reported in discovery but not properly accounted for in the Inventory, or account activity indicating asset movements that don't appear in disclosures. Rule 49 / Rule 65 doctrine may apply.

How character is fixed, how separate property is traced through commingled accounts, and how burden of proof shifts under Arizona law.

• §25-211 (Character fixed at service) — Separate property and community property are determined at the date of service. Post-service growth is community unless traced to separate source.
• §25-213 (Tracing separate property) — Separate property that is commingled loses its character unless the party can clearly trace it. Burden is on the party claiming separate character.
• §25-318 (Presumption of community) — All property acquired during marriage is presumed to be community property. Separate property claimant must prove source with documentary evidence.
• Rule 49 (Disclosure duty) — Party must disclose all accounts, assets, and property. Failure to disclose triggers inference of concealment.
• Rule 65 (Adverse inference) — If party destroys/hides evidence, court may infer the evidence was unfavorable and use that inference against the non-producing party.