The Acquisition of Assets with Spousal Funds

Abstract:     
In the comparative context, this article considers the treatment, upon divorce, of commingled property — marital property mixed with the separate property of spouses. In the United States, separate property becomes commingled, and therefore marital property, if these two property types are mixed together such that they lose their identities. Exceptions to this general rule include if the separate property significantly outweighs the marital property being commingled, or if the commingled property can be traced to separate property by clear and convincing evidence. In Poland, different rules govern, and, after considering these two country’s approaches, this article offers comparative conclusions and guidelines for legislators.

Keywords: Family law, domestic relations, comparative law, comparative family law, commingling, marital property, separate property, commingling

Accepted Paper Series