What happens if non-marital property is commingled with marital assets?
Spouses frequently commingle their marital and non-marital estates. Unless otherwise agreed by the spouses, commingled property is treated as follows: • When marital and non-marital property are commingled by a spouse by contributing non-marital property to the marital estate, or by the parties contributing marital property to a spouse’s non-marital estate which results in a loss of the identity of the contributed property, the contributed property is transmuted to the estate receiving the contribution. • When one estate of property makes a contribution to another estate of property, the contributing estate shall be reimbursed from the estate receiving the contribution notwithstanding any transmutation. However, reimbursement can only occur with respect to a contribution which is traceable by clear and convincing evidence. The personal labor or efforts of a spouse is considered to be a contribution by the marital estate. Consequently, when a spouse contributes his or her personal labor
