Divorce in Maryland: The Issue of Commingled Funds

Any property that is acquired during the marriage that cannot be directly traced to a non-marital source is considered marital property. The party who asserts a marital property interest bears the burden of producing evidence of the identity and value of the property. Furthermore, the party attempting to demonstrate that property acquired during the marriage is non-marital must directly trace the property to a non-marital source. Noffsinger v. Noffsinger, 95 Md. App. 265, 620 A.2d 415 Md. App., 1993. Without further evidence or testimony, the mere fact that non-marital funds rested in the same account as marital funds does not compel the conclusion that the funds commingled. The character of the non-marital property may be preserved if its origins can be traced to non-marital property. West's Ann. Md. Code, Family Law, § 8-201(e).