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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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Hello--This has to do with separate and marital property.

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Hello--This has to do with separate and marital property. My wife had put a down payment on our house using separate funds ( the house was titled in her name only) but we were both on the mortgage. We have sold the house and she put the proceeds of the sale into our joint checking account where my paycheck goes and we pay our regular expenses.

Is that money (the proceeds which includes the down payment) still considered separate or is it now marital as it has co-mingled with our marital monies?

Thanks. Bob
Hello and welcome,

Pursuant to the VA code, the property would likely be considered transmuted into marital property based on the following section of the code:

d. When marital property and separate property are commingled by contributing one category of property to another, resulting in the loss of identity of the contributed property, the classification of the contributed property shall be transmuted to the category of property receiving the contribution. However, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, such contributed property shall retain its original classification.

Here is a link to the code:

DANGEROUS URL REMOVED?000+cod+20-107.3

Once it is commingled and then used for joint purposes, a court would typically find that the property has been transmutted into marital property and is no longer separate property.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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Customer: replied 3 years ago.

Hello Tina, I have another question:


My wife and I are separating. I understand that it takes 6 months of being separated before we can file for divorce.


I have a salaried job and my wife earns income through investing / flipping homes (she does not have a salary, just profits of the deals). She has significant cash $150k+ in the bank.


My question is, during this time of separation, do I need to share my paycheck with her and she share her profits with me? Or do we keep them separate?

Hello again, Bob.

The site has a policy requiring that new questions be posted in a new question thread. If you would like to request me to answer your new question, please post it in the question box from my profile page. Here is a link to my profile page so you can do that:

Thank you very much and I look forward to assisting you again.

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