Commingling

Another problem area is the commingling (mixing) of funds. For instance, if you received an inheritance during the marriage, the question becomes whether it is your sole and separate property. What if you put it in the bank and added your spouse?s name to it; is it automatically community property? The short answer is probably not, but these kinds of complications are beyond the scope of this book and can be better answered with more facts and an attorney?s advice.

Just remember, parties are always free to make their own decisions, without regard to what a judge would decide. For example, if you and your spouse decide that the money was and should be yours, you can make that agreement and the court will not disturb it. The exception to that rule is if there are children.

Even if there are agreements about the children, especially with regard to child support, the court will look very carefully at any agreement and proposed child support for the children to make sure that it is fair for the kids. Do not let this scare you; most agreements are approved by the court, because most negotiated agreements do prove to be fair for the children and the family.