Delaney

FACTS

Timothy owned two pieces of real property when he and Viviane married in 2004.2 One property was a residence located

1 We refer to Timothy Delaney and Viviane Delaney by

their first names for clarity and convenience. No disrespect is intended. on Foothill Road, the other a residence on St. Ann Drive. Both properties generated rental income. On the date of their marriage, both properties were encumbered by mortgages. During the marriage, Timothy refinanced the existing loans on both properties. For each of these properties, Timothy opened and maintained a bank account into which he deposited rental income and out of which he paid all of the properties’ expenses. At trial he testified he never deposited any community assets into these bank accounts and never used community assets to pay any of the properties’ mortgages or expenses. At his deposition he testified “I have not thrown one piece of paper away of any separate property or community property intentionally to keep those accounts separate and to prove it.” Timothy also said he would provide more documents to correct his expert’s deposition statement that the expert could not perform a direct tracing due to an absence…