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