The terms “transmutation” and “commingling” are frequently referred to with regard to marital property and separate property determinations in a matrimonial action. They are often used together in the same sentence, which can be confusing. Yet, there is a distinct difference between the two terms, which we will discuss in this article.
Under Domestic Relations Law §236(B)(1)(c) “marital property” means all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held. There is a presumption that such property is marital property subject to equitable distribution, unless proven to be separate property.
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