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Comingled Property

Jesse Barrientes: Basically the non-marital property loses its identity when it becomes comingled, or when I put it in a joint account or when we buy a house together with it and our names are on the house – there’s other things that could happen that would cause it to be transmuted to marital property. But as long as I keep it separate, guess what? It’s non-marital. Now, let’s take an example of a house. Let’s say I inherited a house.

David Siegel: Okay.

Jesse Barrientes: I still have to pay taxes on the house. I have to maybe do some upkeep to that other house. As long as I haven’t comingled it, and as long as it’s always in my name, I am still spending, now, marital assets on a non-marital asset of mine. So at the conclusion, when we’re dividing the pie here, we’re going to want that money to come back to the marital estate. So let’s say I can track it. You know, I’ve had it, we’ve been married for five years and I’ve paid $5,000.00 worth of taxes. Okay, that’s easy to figure out. We’ve got the $25,000.00 plus whatever improvements I’ve made. Okay.

Now, that money comes back to the marital estate, but to be divided at whatever percentage is equitable and fair, and so basically it’s a contribution back to the marital estate. So when people think about those things, that’s why I said generally speaking, anything acquired is marital during the course of the marriage.

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