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What are commingled assets?

On Behalf of | Sep 15, 2025 | Family Law

As a general rule, you can classify assets that you and your spouse own as either marital assets or separate assets. This is important if the two of you are getting a divorce. You can typically keep your separate assets, but you may need to divide your marital assets with your spouse.

Although every case is unique, items that you brought to the marriage are often considered separate assets. Maybe you already had a home or an investment portfolio. Maybe you just had money set aside in savings. Items that you earn during the marriage, like your income or benefits from your job, qualify as marital assets. The same is true of joint assets that you buy together, such as a family home.

Mixing them together

Commingled assets, then, are assets that have been mixed together, which can sometimes change how they are classified.

For example, say that you have $50,000 when you get married, and it is in a bank account that you alone can access. This may originally qualify as a separate asset. But if you transfer the funds into a joint account that you share with your spouse, this commingles it with other marital funds, and the entire account becomes a marital asset.

Another example could be if you use the $50,000 as a down payment when the two of you purchase a home together. The money may originally have been yours, but that purchase commingles it, and the home still counts as a marital asset.

Property division

This shows some of the ways in which the property division process can become complex, so take the time to carefully look into all of the necessary legal steps.