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Commingled Property Defined

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When Property Becomes Mixed

In a Texas divorce, commingled property is often one of the most difficult issues to resolve. What exactly is commingled property? And what happens to it in a divorce? In this blog, we will define what commingled property is and discuss how it is typically handled if you are filing fordivorce in Texas.

What Commingled Property Is

To put it simply, commingled property is any property that has been mixed with community property during the marriage. This can happen in several ways, but it typically happens when one spouse uses marital assets to purchase property that is solely in their name.

Examples of Commingled Property

For example, let's say that John and Jane are married and have a joint bank account. John decides to use some of the funds from the joint account to buy a car that is only in his name. The car would be considered commingled property because it was purchased with marital assets but is only in John's name.

To give another example, let's say that Jane uses money from the joint account to buy a house that is only in her name. The house would also be considered commingled property.

How Commingled Property is Divided

In a divorce, all commingled property will be subject to division by the court. This means that if John and Jane have commingled property, they will need to come to an agreement on how to divide it between them or the court will do it for them. In a divorce, commingled property is typically divided between the spouses according to what is fair and equitable.

However, there are some cases where commingled property may be classified as separate property. This usually happens when the property was purchased entirely with separate funds or if it can be proved that the property was never intended to be marital property.

Work with a Property Division Attorney

If you have any questions about commingled property or how it may be divided in your divorce, it's important to speak with an experienced Texas family law attorney. An attorney can help you understand your rights and options under Texas law and ensure that your interests are protected throughout the divorce process.


At Mueller Family Law Group, we work to protect our clients' best interests when it comes to property division and all other facets of divorce. Learn more about how we can help or schedule a consultation by calling (214) 225-6766 or by visiting us online.

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