In most jurisdictions, a clear and convincing evidence.

Tracing becomes difficult when names are added to spouse move in and out of the account, particularly when deposits and withdrawals are made for both marital and separate purposes.

A inheritance. Some courts, however, have held that when property is routed through a joint account merely for convenience there is no martial gift presumption.

However, the transmutation. Funds may be combined for a variety reasons and still be considered separate property.

The question of whether commingled funds are transmuted may turn upon whether the single account, most courts have held that transmutation happens only when it is impossible to trace the funds.

In tracing funds, courts approach the challenge of uncommingling combined funds in a number of ways beyond a strict tracing. They include 1) consideration of whether funds withdrawn from the account were used for separate purposes, such as the during the marriage were less than the amount of separate deposits; and/or 5) whether the total marital property deposits were less than an account balance at the time of the divorce. (In the last three approaches -- differences between family expenses and family income, between withdrawals and separate deposits, and between total marital deposits and account balance -- argue that the money in the account is separate property.)

See also Commingling; Dual Classification States.