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IN RE MARRIAGE OF PRENTIS-MARGULIS & MARGULIS

No. G041948.

198 Cal.App.4th 277 (2011)

In re the Marriage of ELAINE PRENTIS-MARGULIS, and ALAN D. MARGULIS. ELAINE PRENTIS-MARGULIS, Appellant, v. ALAN D. MARGULIS, Appellant.

Court of Appeals of California, Fourth District, Division Three.

As modified August 26, 2011.

Attorney(s) appearing for the Case

Law Offices of Steven E. Briggs and Luis A. McKissick for Appellant Elaine Prentis-Margulis.

Law Offices of Burch, Coulston & Buncher and Todd P. Coulston for Appellant Alan D. Margulis.

Stephen Temko and Dawn Gray for the Association of Certified Family Law Specialists and the Southern California Chapter of the American Academy of Matrimonial Lawyers as Amici Curiae, upon the request of the Court of Appeal.

OPINION

ARONSON, J.—

In a marital dissolution proceeding to divide the community property, where the nonmanaging spouse has prima facie evidence that community assets of a certain value have disappeared while in the control of the managing spouse postseparation,1 should the managing spouse have the burden of proof to account for the missing assets? The answer is yes.

Husband and wife separated after...

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