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Comingled Property

Commingling could turn non-marital property into marital property entirely or partially.
Marital and separate property can be mixed together—sometimes called “commingling.” In a divorce, when property is "commingled" it can be difficult to tell whether the property is separate property or martial property or if parts of it are separate and parts of it are marital. Thus, commingling could turn non-marital property into marital property entirely or partially. This typically happens when marital funds are transferred to a non-marital bank account or vis versa. 
 
For example, if one spouse brings an investment account valued at $35,000.00 of separate property funds into the marriage (all the money being accumulated and invested prior to the marriage), and during the course of the marriage she used funds from the couple’s joint bank account to contribute to her investment account, that separate property is now comingled.
 
For more information on whether an asset or debt will be divided during a divorce, see our pages on marital property and separate property.
 
If there is commingling, and you and your spouse cannot agree on how to divide the commingled property, the judge will have to decide whether the property is now entirely marital property or marital in part. If it is marital in part, the marital portion of the commingled property will be subject to division.
 
The commingling of property is often is very complex issue. It would be wise to consult an expereinced Orlando or Tampa divorce lawyer if you believe this may be an issue in your divorce. 

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