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 #230:
As a stay-at-home mom and full-time homemaker living in a community property state, who for the last 20 years has belonged to a stock club. The money for investing came from gifts from my husband and, earlier, in life, from parents. Is my husband entitled to any of the shares?

Answer:


If the stock account is in your name only, those stocks that were purchased from gifts provided to you by your parents should remain separate property. The stocks that were purchased with funds that you received from your husband during the marriage, even if you describe them as “gifts”, are most likely marital property and your spouse will have a ½ interest in such shares.

Leonard M. Weiner, Esq. / Divorce Solutions
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