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DuPage County family law attorneyOne of the most complex and time-consuming parts of any divorce proceeding is the division of marital property. It can get even worse when marital and non-marital property are considered to be mixed. In order to reach a fair and equitable distribution of assets, a court must determine whether property has been commingled or not, and if so, to what extent.

Commingling Assets in Illinois

Commingling is defined as the act of mixing funds belonging to one person with funds belonging to another, especially when there is a responsibility to keep them separate. Sometimes, commingling funds is actually illegal or unethical, though spouses commingling marital and non-marital property is not. Marital property is any property acquired by either spouse during the marriage, while non-marital property is anything owned before the marriage by either spouse, or a gift or inheritance received by one spouse at any time (before or during the marriage). When the two meet, the status of the resulting property depends on which is the prime mover, so to speak.

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