Yesterday I was discussing with a divorce client the differences between marital property and separate property. The way I look at this is, generally speaking, the assets that are going to be split are marital property, something that’s joint, and then you’ve got the separate property that is not going to be split. Your separate properties are going to be something like inheritances, personal injuries and gifts. Those are the big three that are separate property and will not be distributed to the other party.
The exception to that is if you commingle. Commingling is nothing more than mixing the property with your spouse. If you get that inheritance, personal injury, gift, whatever, and you put it into a joint account, it’s probably going to be considered marital property and split.
Are you going through a divorce and have questions about how marital property and separate property are determined? Contact experienced Jamestown divorce lawyer Scott F. Humble for a free confidential consultation. Let his 30+ years of experience work for you.