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Florida Law - Can Separate Property Become Marital Property Without a Gift? Separate property can become marital property if it is relied on as marital property, or used as marital property. The cases here mostly concern bank or stock accounts. Where people use some of the funds in those accounts for marital expenses, the account can be treated as a marital account at the divorce (and divided up between the spouses), even if it was a separate account at the start of the marriage. On the other hand, funds do not become "marital" simply because at some point they pass through a joint checking account, if the party can prove by deposit slips or otherwise that they were separate funds passing through. Cases: Robinson (1995) 655 So2d 123 (commingling wife's nonmarital funds with marital funds created presumption that funds became marital). Adkins (1994) 650 So2d 61 (finding separate property, tracing funds through bank accounts). Ray (1993) 624 So2d 1146 (wife spent money on the house; if she could not prove that it was not a gift, it will be presumed to be a gift to the marriage and thus marital property). Adams (1992) 604 So2d 494 (portfolio account became marital asset even though funded with gifts to husband before and during marriage; account was used as security for margin account; margin account was used as credit for acquiring marital assets and as a source of funds for marital expenses, was repaid out of marital funds, and wife had authority to sign husband's name on margin account).
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