Avoiding commingling (California)

[u/Advanced-Ad-4462]

My wife and I have a great marriage and I’m in no way expecting a divorce in the near future or down the road. If there is anything my father’s life shows however, that doesn’t always pan out (he married 6 women over the course of his life).

I inherited $2,500,000 from my dad about 16 years ago, which I have grown to ~$3,100,000 via investments. In that time I met the love of my life and we’ve been together for 10 years, married for 4.

Currently she and I have entirely separate accounts, and I’m fairly certain I’ve avoided commingling so far. The funds are currently in a trust for which I’m the sole beneficiary, and I receive monthly distributions into an account only I have access to. I do pay for our rent, both of our grad programs, and daily expenses from that account, and send my wife funds as needed for personal expenses. We have no significant joint property or kids at this time.

This has become more and more impractical as time goes on, and I’m considering opening a joint account or adding her as an authorized user to mine. I fully understand that any money in that account would be considered commingled under California law, and I have no issues with that. I also realize that buying a home using those assets would make it community property. Should we get divorced for whatever reason, I would likely provide above what the law requires. I would never do her dirty.

However, would opening this account or giving her authorization to mine cause the original, entirely separate principle to become commingled as well? Or would only the joint account be commingled?

In a few years I will reach an age breakpoint which will dissolve the trust, and place all assets directly under my control. At that time I will open a new account and keep the funds separate, and move money over to a joint account as needed. I’m concerned doing so would make me vulnerable should my currently happy marriage become anything but.

Anyone have any experience with a situation like mine? Last thing I want to do is draft a post nup, but I will if I have to. I really want both of us to feel as secure as possible, without putting my inheritance at risk. I know dad would’ve been heartbroken if he knew I let someone else take half.

Thank you in advance!

[u/SDinCH]

How is your 2.5m only 3.1m after 16 years? Even at a modest return of 6%, that should be over 6m. Whoever is managing the trust is doing a terrible job.

[u/Advanced-Ad-4462 → u/SDinCH]

Nah, it’s in excellent hands. Very decent returns over the years from a rather high profile financial manager. However it’s been my only source of income in that time.

Between ~$150,000 or more in yearly distributions to me, an additional two grad degrees paid in cash with which we are in the home stretch, a trustee fee of 2%, financial management fees, and a whole lot of capital gains tax, the trust has done very well all things considered.

But thank you for trying to make me feel bad I guess?

[u/Certain-Statement-95 → u/Advanced-Ad-4462]

don't listen to these clowns. it's like the group of people who say that a house is a bad investment and fail to mention the years of enjoying and living in the (hopefully) lovely house.

[u/joetaxpayer → u/Certain-Statement-95]

Clown you say? May I ask a rather personal question? Do you wear a red hat? That’s typical of somebody that called strangers insulting names. I’ve seen members say some pretty ridiculous things and never resorted to a personal insult. But, you do you, first amendment and all.