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What happens if marital and non-marital assets are commingled?

Louisville, KY |

Do they all become marital, and get divided 50/50 in a divorce?

Or should I spell it comingled?

Attorney Answers 3


  1. It depends upon the assets and how they are commingled. Under most circumstances they do become marital - but simply because they are marital does not dictate a 50-50 split.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  2. Mr. Browde is correct, it becomes a problem of tracing and how they were used.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.


  3. Possibly. The question is whether the parties agree that some of the money is non-marital and then further can the claiming party prove non-marital. Each case is specific as to facts. For example, if you and spouse have a $5,000 savings and he inherits $1MM, you have $1,005,000 in the account. It would not be difficult to trace a large portion of that inherited money to be non-marital even though it is comingled. On the other hand, if you both deposit 10% of your check each month into an account and then you add in a $5,000 gift from your mother 10 years ago, it is likely considered comingled and equally divisible. You need the advice of an experienced divorce/family law attorney to review your specific case.

    Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

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