Smalley Law Firm Menu Contact
Discuss Your Case With
An Experienced Lawyer Today
A Standard OfExcellence

Help! I think I've commingled!

If you are getting an Oklahoma divorce and have never had either a prenuptial or postnuptial agreement signed and filed, you will need to divide the marital property. Often, one or both spouses enters the marriage with significant, separately-owned assets and resources.

Does that mean that each spouse gets to keep what he or she brought into the marriage?

Most people think that separate property automatically reverts back to its premarital ownership. In some cases, perhaps the majority, that's exactly what will happen.

Unless you commingled.

What is commingling?

Separate property remains just that up to the point where it either knowingly or unwittingly is mixed together with marital assets or used to fund or purchase something for the marriage.

Suppose that your grandmother left you $100,000 and the Galveston beach house. That's your separate property to which your spouse has no legal claim. But if you buy a boat for the two of you, use part of your windfall to pay down your mortgage or make a few deposits into a joint bank account shared with your spouse, you have indeed commingled.

Why that's not good

Commingling separate and marital property opens the door for your spouse to lay valid claim to what once was yours alone. It's just not a wise fiscal move.

That being said, there are degrees of commingling, and your Norman family law attorney can discuss with you ways to legally avoid having to divide separately-acquired property during a divorce.

To sidestep problems like these, make a conscious effort to preserve your separate property by maintaining a separate bank account for those funds and never purchasing or paying for household goods or amenities from that account, as that would further muddy the waters of ownership.

Source: LiveAbout, "Divorce and Commingled Funds," Cathy Meyer, accessed Dec. 22, 2017

No Comments

Leave a comment
Comment Information

Meet The Attorneys

Email us for a response

Tell us about your case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Smalley Law Firm
305 East Comanche Street
Norman, OK 73069

Phone: 405-322-5653
Fax: 405-801-2220
Map & Directions