Can You Separate Commingled Marital Assets in a Divorce?

 Posted on October 08, 2025 in Divorce

When couples marry, their finances often merge. Sometimes this is intentional; other times it happens gradually and without much thought. But when the marriage ends, those blurred financial lines can create serious conflict over who owns what.

If you and your spouse have commingled marital and separate assets, you might wonder whether those assets can be untangled during the asset division process. The answer depends on how and when the funds were mixed and whether you can trace where the money came from. A Bexar County divorce attorney can help you find, document, and argue for the proper classification of your property.

Understanding Commingled Community Property in Texas

Texas is a community property state, meaning that most property a couple gets during the marriage is owned by both spouses. However, property from before the marriage, as well as gifts and inheritances, are generally separate property under Texas Family Code § 3.001.

Commingling is when separate property becomes mixed with community property in a way that makes it hard to tell one from the other. For example:

• Depositing an inheritance into a joint checking account and later using that account to pay for family expenses.

• Using both spouses’ incomes to make improvements on a home one spouse owned before marriage.

• Rolling proceeds from a premarital investment into a jointly-owned business or property.

Once separate property is commingled with marital assets, the key question becomes whether the original source can still be traced. If it cannot, the property may be classified as community property.

How Tracing Works in a Texas Divorce

Tracing is the process of following money or assets through various transactions to show where they originated. The spouse claiming separate ownership must present clear and convincing evidence that the property or a portion of it came from a non-marital source. This often requires financial records, bank statements, and sometimes expert testimony from a forensic accountant. 

For instance, if you deposited $50,000 of inherited money into a joint account but can prove that those funds were used for a specific purchase, you might be able to recover that portion as separate property. On the other hand, if the money was gradually spent or mixed with marital money, it may be much harder to get the money back. 

When Commingled Assets Cannot Be Separated

If tracing fails or there is not enough proof, the court may classify the entire asset as community property and divide it. In Texas, community property is divided in a "just and right" manner – not necessarily 50/50, but in a way the judge deems fair.

When deciding how to divide assets, a Bexar County judge may consider factors such as each spouse’s income, who was at fault for the divorce, and the needs of any children. Even if property becomes fully commingled, an attorney can still advocate for a fair distribution by emphasizing these factors.

Call a San Antonio, TX Divorce Attorney

Untangling commingled assets requires close attention to detail and a strong understanding of Texas property law. At Brandon Wong & Associates, we help clients protect what is rightfully theirs. To speak with a knowledgeable Bexar County divorce lawyer about how to separate commingled marital assets, contact our firm at 210-201-3832 today.