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Tracing – the Pro-Rata Share

Funds from both parties are mixed into one account and the funds are the separate property of each spouse.  Oil and Vinegar for Sure.

Pro-rate Tracing – If separate funds from each spouse are mixed in an account containing no community funds, it would seem logical that acquisitions from the account would be owned pro-rata by the two estates in the same proportion to the total account balance. Rarely used. But in Marineau v. Gen. Am. Life Ins,  898 S.W.2d 297 (Tex. – App. Fort Worth, 1995, writ denied), the court used a proportional method to trace embezzled funds  to live insurance proceeds. Life insurance proceeds were a proportion of community and proportion of proceeds from embezzled funds.