Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #12:
My wife and I gifted each of our three adult children a sum of money. One of the children has been served recently with divorce papers by his wife. His gift from his mother and I had been is invested in mutual funds. The account ,as I understand it ,is a joint tenant type of account with his wife's name on it as well as his own. My question is :can his wife receive, in the settlement, a part of that gift which we gave our son during the marriage? So. Dakota. is the state of residency. Thank you .
Answer:
His wife would have a claim to 1/2 of the value of the account if she could show that the gift was to both of them. The fact that the account is not just in your son's name but in both names is supportive of the position that it was indeed a gift to both.

Leonard M. Weiner, Esq./Divorce Solutions

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