Transmutation
Transmutation is when property that started out as one spouse's separate (nonmarital) asset changes character and becomes marital property subject to division. In Florida, this can happen when a spouse commingles separate funds with marital money or adds the other spouse's name to a title, signaling an intent to share it. Once an asset is transmuted into marital property, it generally falls under equitable distribution. Sorting out whether transmutation occurred is a common point of dispute, so it's most relevant in cases that are not fully uncontested.
Last updated June 21, 2026
Legal Definition
The conversion of nonmarital property into marital property—often through commingling or retitling that evidences donative intent—making it subject to equitable distribution under F.S. §61.075.
Example
By depositing his inheritance into the joint account and using it for household bills, he risked transmutation of those funds into marital property.
Related Statutes
- 61.075
Related Terms
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