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Not quite. While title is presumptive, we need a writing for transmutation. To claim the money as separate, the concept of tracing will be called in. As time moves along, the ins and outs from the account will so commingle the funds that the title presumption could not be overcome. Until then.....
Yes, OP has made it clear that he intends to fight fire with fire. The stbx doesn't have immunity from that. I'm sure the stbx expects OP to lay down, get trampled and expects the system to support her.
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