# Comingling



## Kamm (5 mo ago)

I was told that if you commingle inheritance with your work money that it was comingling and spouse would receive half in a divorce. Is this true? I thought if you could prove deposits of inheritance , spouse wouldn’t receive half


----------



## Beach123 (Dec 6, 2017)

Check with an attorney for your area.


----------



## D0nnivain (Mar 13, 2021)

Generally if the recipient of an inheritance co-mingles that inheritance with marital funds & at any time treats the inheritance as "our" money rather than maintaining it fully seperately, it all becomes a marital asset. You can't claw it back later no matter the origin.


----------



## TooOld (Nov 22, 2020)

The legal definition of "separate property" varies by state, so please at least google "legal definition of separate property" in your state. I quickly looked at several states beyond California where I am a lawyer and they are all very similar, this is Texas, but California is essentially the same: Separate property is *property owned before marriage, or acquired during the marriage as a gift, through inheritance, or as part of a personal injury settlement*. Now that said, I have a friend whom I am helping with a complex divorce and there are claims being asserted that what should be marital assets are separate property. Requires extensive forensic accounting, documentation and a judge willing to listen. Very rarely succeeds.


----------



## TooOld (Nov 22, 2020)

Oh, I forgot to add to my post. Co-mingling of separate property and marital property does "convert" it to a marital asset; whether acquired before or during the marriage. For example if a spouse deposits separate property into a joint account to buy a house, the house is a marital asset. Contrast that with separate monies loaned to the marriage pursuant to a promissory note payable to the spouse to buy a marital home. The house may be a marital asset, but the note preserves the separate character of the money when the note is repaid, either with newly earned marital assets or the sale of the house. This is why I always tell people who inherit money/property during a marriage to think very carefully before they deposit or take title in a marital account. Per my earlier post, most courts do not allow forensic tracing to recreate the separate property balance. The statutes are clear and trying to unwind years of transactions is not something most judges will entertain.


----------



## Wolfman1968 (Jun 9, 2011)

Kamm said:


> I was told that if you commingle inheritance with your work money that it was comingling and spouse would receive half in a divorce. Is this true? I thought if you could prove deposits of inheritance , spouse wouldn’t receive half


 You need attorney advice on this. 

However, let me just pose a question for you to think about. You have a "marital" account that has money earned from work, etc. You inherit money from your parents. You put it in that account. You then buy something/pay some expense/go on vacation/*whatever *using funds from that account. Did you use "inherited" money or "marital" money for that expenditure? What if your spouse disagrees, says you bought your car/paid from vacation/*whatever* with "inherited" money?

Seems to get pretty complex. Hence, a lot of states have "comingling" rules. You need to check with your attorney, but I hope this simple example shows how quickly it could become contentious and complex.


----------



## Kamm (5 mo ago)

What if I have the actual receipts from inheritance? Wouldn’t it be subtracted from work money ? I was just always to not place inheritance in joint account.


----------



## TooOld (Nov 22, 2020)

Sorry, I don't understand your latest post. Under most state's laws, if you comingle separate property with marital property it is no longer separate property. Receipts have no bearing on the characterization of the property. You keep making the same point about receipts. I have said it and all the other posters too, get local legal advice from an attorney with family law experience in your state. Getting legal advice on an internet forum could prejudice your rights because we don't have any information and most aren't lawyers. There maybe some exception in your state law, go find out from someone who would know and can give you pertinent advice. Most lawyers will allow a free call or short meeting. Call a local legal clinic or nonprofit legal aid service if you can't afford to hire a lawyer. Please so something besides posting here to learn your rights. Good luck.


----------



## D0nnivain (Mar 13, 2021)

Kamm said:


> What if I have the actual receipts from inheritance? Wouldn’t it be subtracted from work money ? I was just always to not place inheritance in joint account.


You really need to talk to a lawyer in your state about your specific issues. It may depend on what you spent it on. If you simply put the money in an account in your name & have not spent it, the inheritance may be solely yours. But if you dipped into the money to pay for an emergency home repair, or take the family on a vacation, that could complicate things & it will all depend on the specific laws in your area. 

You cannot get competent legal advice on the internet .


----------

