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Comingled Assets

Berrie v. Berrie, 600 A.2d 512 (N.J. Super. 1991). Property accrued prior to marriage while the parties were cohabiting is marital property for divorce purposes if the parties were pooling funds.


Amato v. Amato, 434 A.2d 639 (N.J. Super. 1981). Parties are considered joint owners of all property accumulated by the efforts of either party during marriage.

Dotsko v. Dotsko, 583 A.2d 395 (N.J. App. Div. 1990). Interest accruing on separate property in a joint bank account is separate property.

Wadlow v. Wadlow, 491 A.2d 757 (N.J. Super. 1985). Separate funds from a joint account that could not be separated was given to the wife based on an agreement that the funds would be returned to the wife if a divorce occurred.

Ryan v. Ryan, 660 A.2d 1269 (N.J. Super. 1993). If separate property and marital property are mixed in a joint account, and many withdrawals are made and it cannot be determined if the funds were used for family living expenses, the funds are considered all marital property.

To learn more about comingled assets in divorce, consult our explanation here.