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

Asked 10 months ago - Louisville, KY

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

Additional information

Or should I spell it comingled?

Attorney answers (3)

  1. Michael William Bouldin

    Contributor Level 14


    Lawyers agree

    Answered . 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... more
  2. David Alexander Browde


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Stephen Ross Cohen

    Contributor Level 20


    Lawyers agree

    Answered . 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.... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Separate Property in Divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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