Can Separate Property Become Marital Property in Illinois?

 Posted on June 17, 2025 in Asset Division

As you navigate the division of property phase of divorce, you may find the characterization of assets surprising at times. You will have separate and marital property, but under certain circumstances, you may have a third type of property – commingled – that started as separate and became marital property. Complex asset division issues require a knowledgeable Wheaton, IL divorce attorney who can apply the complicated Illinois laws and ensure you have the best chance at a fair decree.

What Is Commingled Property in an Illinois Divorce?

Under Illinois law, property is characterized as marital or non-marital, also known as separate property during the asset division component of the divorce process. Marital property generally includes anything acquired during the marriage and is subject to fair division and distribution. Separate property includes assets that belonged to one spouse before the marriage or were acquired as a gift or inheritance during the marriage. 

Separate property is not subject to division. However, the lines between marital and non-marital property can sometimes blur. Commingled property happens when separate assets are sufficiently mixed with marital property to the point that the court deems it fair to divide them.

How Does Separate Property Become Commingled?

There are a few common ways that your separate property can become commingled during the marriage. For example, if you inherited a sizable amount of funds from a family member and then deposited those funds into a joint account, the inheritance is inherently considered separate property. However, placing it in a joint account that is contributed to and used by both parties would make it commingled and likely result in the court treating it as marital property.

Commingling is also common in real estate. If you owned a home before the marriage, it would, in theory, be separate property. However, if both you and your spouse contributed to the mortgage or used marital funds to pay for renovations and upkeep, the home would likely be deemed marital property. The contributions your spouse made increase the home’s value or equity, and in Illinois, an equitable distribution state, that would make it only fair to allow your spouse a share of the home.

How Do You Ensure That Separate Property Stays Separate?

If you have concerns about your separate property becoming marital property, there are a few proactive ways that you can ensure it remains separate:

• Keep your money in separate accounts

• Maintain thorough records of what you do with inheritance and gifts

• Draft a postnuptial agreement that clarifies how your separate assets are to be handled in the event of divorce

• Talk to an experienced divorce attorney

Your attorney will ensure you understand the legal avenues available to protect your assets.

Contact a Wheaton, IL Asset Division Attorney for a Free Consultation

Under the best circumstances, the asset division process can become highly contentious. Working with a DuPage County, IL divorce lawyer means you will have comprehensive guidance, helping you navigate every component of the divorce process well-informed. At Andrew Cores Family Law Group, we help clients balance the emotional and practical aspects of divorce, aiming for a fair settlement. Contact us at 630-871-1002 today to schedule your free consultation and find out how we can help you.