In divorce cases in Illinois, one issue that the Courts must address is what “identity” property (assets and debts) the parties have. There can be “marital” property and “non-marital” property. Generally, “marital” property is all property acquired during the parties marriage. Examples of “non-marital” property includes gift, inheritance, or prior to the date of marriage.
However, when marital and nonmarital property is mixed (commingled), the classification of the property can change based on the loss of its identity. Meaning, if a party has property that is non-marital, and it is commingled with marital property, the non-marital property can be considered by the court to be marital property, unless a party can show by clear and convincing evidence that the non-marital property never lost its identity.
General examples in which “non-marital” property can become commingled, or marital, include:
- Re-titling non-marital property to add the spouse’s name to said property. Once the other spouse becomes a “co-owner,” the property is considered marital and subject to division.
- Combining bank accounts.
- Appreciation of non-marital property during the course of the marriage.
How Can Watson Law Help In Commingled Property?
At Watson Law, we assist clients in tracing non-marital assets to ensure that property is appropriately identified. If an asset is determined to be commingled, we work tirelessly to seek reimbursement to a client’s non-marital estate.
