What Is Commingling?
Mixing separate and marital assets together, which can change how property is classified.
Commingling occurs when separate property is mixed with marital property in a way that makes it difficult or impossible to distinguish between the two. A common example is depositing an inheritance (separate property) into a joint checking account used for household expenses. Once commingled, the separate property may lose its protected status and become subject to division in divorce. Other examples include using separate funds to pay the mortgage on a jointly owned home, or adding a spouse's name to a pre-marital investment account. Courts in different states handle commingling differently — some use a tracing method to try to identify the original separate funds, while others may treat all commingled assets as marital property.
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View CalculatorsThis definition is for general educational purposes only and does not constitute legal or financial advice. Laws vary by state and change frequently. Consult a qualified professional for guidance specific to your situation.
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