Commingling community and separate property complicates many Carlsbad divorce cases. Carlsbad, Oceanside, Encinitas and Vista residents who are contemplating divorce may wonder what happens to gifts or inheritances which were given to one partner during the marriage. That depends on whether or not the gift was commingled with marital funds. In the absence of a prenuptial agreement which specifically establishes…
Commingling
When Separate Funds are used for Marital Purchases
What happens when separate funds are used for marital purchases prior to a divorce? This occurs when one of the spouses uses money or assets they had prior to marriage (known as “separate property”) to purchase an asset which is classified as community property in a divorce such as the family home. How do you protect separate assets from community…