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question.jpgIn Divorce Law

What if my separate property is intermingled with the marital property?

In cases where separate property is intermingled with marital property (for instance, using income from a separate property business to pay for a marital mortgage), a process known as transmutation occurs, i.e., the separate property is transmuted into marital property. This is not always the case, especially when a portion of marital property can be directly traced back to separate property; however, if it’s impossible to distinguish between marital and separate property, divorce courts will generally aver on the side of making it marital property. The most common example is changing the title of a house from separate property to joint ownership; in this case, the property is transmuted into marital property.