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Litigation glossary
Legal structure

Commingling of Assets

The mixing of a corporation's funds or property with an owner's personal assets, treated as evidence the corporate form is a sham for veil-piercing purposes.

Commingling occurs when a corporation's owner fails to keep the company's money and property meaningfully separate from their own — paying personal expenses from a corporate account, depositing corporate revenue into a personal account, or otherwise treating corporate assets as interchangeable with personal wealth. Courts treat it as strong evidence that the corporate entity is not being respected as a genuinely separate legal person.

The evidence is typically drawn from bank records, accounting entries, and transaction histories rather than testimony alone, which makes commingling one of the more concretely provable veil-piercing factors — either the money moved between accounts in a way inconsistent with corporate separateness, or it did not. That documentary nature also makes it one of the harder factors to explain away once established.

Because commingling evidence is largely transactional and documentary, Juricratic represents it in a matter's evidence record as a discrete, sourced finding rather than an inferred impression, and weights its contribution to the overall veil-piercing composite accordingly — a well-documented pattern of commingling moves the projected exposure more than an isolated, ambiguous transaction would.

In litigation

How it actually shows up

Plaintiffs building a veil-piercing case subpoena bank and accounting records specifically to trace personal and corporate funds moving back and forth without a legitimate business purpose. Corporate owners and their counsel defend by showing that transactions were properly documented, reimbursed, or booked as loans or distributions through recognized corporate accounting channels rather than treated as informally interchangeable.

Questions
What is commingling of assets in a corporate context?
It is the mixing of a corporation's funds or property with an owner's personal assets, such as paying personal bills from a company account, treated as evidence the corporate form is not being respected as separate from its owner.
How do courts learn about commingling of assets?
Typically through bank statements, accounting records, and transaction histories showing money or property moving between corporate and personal accounts without a documented, legitimate business purpose.
Does commingling of assets automatically pierce the corporate veil?
Not automatically — it is one of several factors courts weigh together, but well-documented, repeated commingling is often one of the most persuasive individual factors in a veil-piercing case.

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