Call Today: 914-761-9400

Aggressive Attorneys And Litigators Protecting Your Rights

How commingling of funds affects property division in New York

Without a doubt, property division is one of the most complicated parts of getting divorced. Even when both spouses agree on how to divide their marital property, they must still comply with the law. This means that a court might reject your agreement and make these important decisions without much input from you and your spouse.

Since New York is an equitable distribution state, property agreements must be fair to each party. For example, the spouse who earns the least or has very few separate assets typically receives a larger share of marital property.

A concern for many entering the divorce process is the prospect of losing what was once their separate property. Such property is at risk if you have mixed your separate property in with your marital property. Known as the commingling of funds, this can wreak havoc on the property division stage of divorce. Examples of commingling include the following.

  • Depositing inherited money into a bank account you share with your spouse
  • Pooling your separate money with your spouse's money to buy a car
  • Putting funds from separately-owned investment accounts into jointly-owned accounts
  • Using money from a joint bank account to pay the mortgage on a home you owned before marriage

It is wise to avoid commingling your separate property with your marital property. However, most couples do so because they never expect to get a divorce. Those concerned about losing what were once their separate assets during the property division stage should seek counsel from an attorney. Together, you can work on strategies to protect at least some of your assets.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

White Plains Office
200 East Post Road
White Plains, New York 10601

Phone: 914-761-9400
Fax: 914-761-0747
White Plains Law Office Map

Roseland Office
145 Eagle Rock Avenue
Roseland, New Jersey 07068

Map & Directions