I acquired some money separately, but I put it in our joint checking account. Is this property still separate property under Oklahoma Divorce Law?

“I acquired some money separately, but I put it in our joint checking account.  Is this property still separate property under Oklahoma Divorce Law?”  Unless you can easily show the exact amount put into the joint checking account and prove that it has not yet been spent, then the county court will determine the property will be subject to property division.  If separate property is put into a joint account and it is unclear what is separate property and what is marital property, then commingling has occurred.  “Commingling” is a term used to describe how separate property can be converted into marital property.  This often happens when someone has acquired separate funds by means of a gift, inheritance, or already possessed the funds prior to the marriage and deposits said funds into an account with both parties’ names.  It is usually difficult to show what property was placed into the account from separate funds and whether or not it was taken out.  To avoid this, anyone who is depositing separate funds into a joint account should be very diligent and should carefully keep records for everything going in and out of the account and what the funds were used for.

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Keenan Haught
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