Inheritance co-mingling of funds

I received an inheritance that I deposited into a bank account in my name only. When I opened the account, I transferred $100 from a joint account at another bank. When the wire transfer inheritance came in, I transferred it back out the original $100. Also, since opening this account in my name, I have transferred the interest earned to our joint account. I have also used some of the funds for things relating to real estate investment that only I am doing, not my wife. Have I already co-mingled funds to where this would be considered community property now?

Asked on June 22, 2016 under Family Law, Washington


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Co-mingling of funds is when separate property funds are mixed with community property funds.  This does not mean that it's impossible to unmix the funds for the purposes of a divorce action.  It just takes work to show when the funds went in and when they ent out.  If you can trace the funds, then you can continue with a separate property claim.  If the funds are just way to co-mingled where you cannot prove what went in and out, then they will be deemed community property.  To trace a claim, gather all of your receipts and documents and outline them in a spreadsheet.  This will be the beginning of your proof presentation.

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