Community property and separate property seem like straight forward concepts, but they aren’t. This video goes over all the ways that people inadvertently convert separate property to community property or the community takes an interest in property that should clearly be separate property. The only way to truly protect the property is a prenup or postnup. For help with your Arizona family law issue, or to simply get more information, go to #divorce #propertyrights communityproperty…(read more)

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When it comes to property ownership, many people are under the assumption that their separate property will always remain separate, no matter what happens. However, this is often not the case. In fact, there are several factors that can cause separate property to become co-mingled with marital property, making it subject to division in the event of a divorce.

So why won’t your separate property stay separate? The answer lies in the way that property is treated in the eyes of the law, and the various ways that separate property can become co-mingled with marital property.

One common way that separate property can become co-mingled is through “transmutation”, which is the process of changing the character of property from separate to marital. This can occur when separate property is combined with marital property, such as when separate funds are used to purchase a marital home, or when separate assets are used to pay off martial debts.

Another way that separate property can become co-mingled is through “gifts and inheritances”. While these types of assets are typically considered separate property, they can lose their separate status if they are commingled with marital property or used to benefit both spouses.

Furthermore, if separate property is used for the benefit of the marriage, it can also become co-mingled. For example, if separate funds are used to pay for household expenses, the court may consider that separate property has been used for the benefit of the marriage, and therefore subject to division in the event of a divorce.

Lastly, the length of the marriage can also play a role in whether or not separate property will remain separate. In long-term marriages, there is a greater chance that separate property will become co-mingled with marital property, especially if the parties have been commingling assets for many years.

In order to protect your separate property, it’s important to take steps to keep it separate. This can include keeping separate bank accounts, maintaining separate titled property, and keeping meticulous records of where separate assets come from and how they are used. Additionally, a prenuptial or postnuptial agreement can also help to protect separate property by outlining the intentions of the parties with respect to separate and marital property.

In conclusion, while it may be tempting to assume that your separate property will always remain separate, the reality is that there are many factors that can cause separate property to become co-mingled with marital property. By taking proactive steps to protect your separate property, you can help ensure that it remains separate in the event of a divorce.