What is Davis Schuler & Associates, A CDFA Practice?

Davis Schuler & Associates, A CDFA Practice supports leads, CV requests, and QDRO leads across 11 pages for client intake and divorce advisory work.

Topic

Separate Property Tracing

Identifying and tracing premarital, inherited, and gifted assets through commingled accounts.

Separate Property Tracing

What is separate property tracing?

Separate property tracing is the process of identifying and following a non-marital asset - such as premarital savings, an inheritance, or a gift - through bank, brokerage, and investment accounts to prove that it has not been converted into marital property. In a Utah divorce, separate property is generally not divided, but the burden is on the spouse claiming the asset to prove it remains separate. When separate funds are deposited into joint accounts or used to buy shared assets, tracing becomes essential to preserve the separate property claim.

Separate Property Tracing

Can commingled property still be traced?

Yes, commingled property can often still be traced - commingling does not automatically destroy a separate property claim. In Utah, a spouse who has commingled separate funds with marital funds can still recover the separate portion if they can prove, by clear and convincing evidence, that the separate funds are still identifiable. The difficulty depends on the degree of commingling, the availability of records, and the tracing method used. Direct tracing is easiest; pro rata or transaction-by-transaction tracing may be needed for heavily commingled accounts.

Separate Property Tracing

How do you trace an inheritance in divorce?

Tracing an inheritance in a divorce means following the inherited funds from the moment they were received through every account and transaction to prove they remain separate property. The process starts with documentation of the inheritance (will, trust distribution, or executor letter), then follows the money through bank and brokerage statements to its current location. If the inheritance was deposited into a joint account, used to buy a shared asset, or commingled with marital funds, the tracing becomes more complex - but it may still be possible with careful forensic analysis.

Schedule a Divorce Financial Consultation

Get clear, confidential answers about the financial side of your divorce from a Certified Divorce Financial Analyst.

Book a consultation