Family Law Questions? Ask a Family Lawyer Online.
Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Did you buy this while you were married?
are you there?
Anything you bought during the marriage is community property and is split between you 50/50.
It does not matter that it was bought from an account with only your husband's name on it.
then it is considered community property?
It also does not matter that you were only married 1 1/2 years.
i researched found the stock and did the transaction
None of that matters. As long as you were married at the time it was bought it is community property and is split in half.
problem is it will not begin to take flight until after facebook opens and then we must wait i think 120 days before selling..
we bought half million in stock through a group we own 1/2cmillion in the overall
It does not make a difference when you sell it it only matters that it was bought during the marriage.
won't the court want to split? or i suppose we can just leave as is however who manages it
so it would be 250,000 as an asset not a payment correct
No, they will leave it together and order that once it is sold, you are to split it.
i mean i would have to have the group clarify my shares apart from his and
have them issue me a seperate certificate
That can all be done prior to the sale, yes.
ok just got your earlier missive --so the offer he has nade me for 100 thousand plus car must be sepetate and in addition to stock as i must live
boy oh boy my spelling
If the divorce decree is issued before you sell the stock, then they will put in a provision that the stock is to be split upon the sale.
:) No worries.
what about his claim that i have to take on his real estate losses from trust which has properties in it from before our narraige?
Okay, let me try to explain.
You two can agree to any kind of split you want to.
You can take 30 percent and he can take 70--as long as you agree to it.
But, if you went to court and let a judge decide, then everything that was bought during the marriage is going to be split 50/50.
Now, the deal he is offering you may be a better deal than what the law allows you to have.
so it may be smart to go forward to court?
yes it may this is very helpful
It depends on how much was made during thhe marriage.
You probably will not be eligible for spousal support because of the length of the marrige.
he is retired and a multi millionaire we arr both older he is 80 i'm 66 however he did make substatial investment of a million and had return of about 400,000
no pre nup i was told about only 80,000
Okay. You do have an attorney, correct?
could have made more working
You are not using one of his, right?
i have an attorney i'm consulting my husband refuses to mediate its his way or the highway and wants to privately agree
he wants me to use his attorney and have them draw papers --mind you not to divorce but to assure me if i leave now or within year this is what i'll get and no more
Well then you should consider court. If even to find out about all the assets and liabilites during the marriage.
correct he will add a certain amount every year i stay
You can still settle before trial, but at least he will be forced to mediate.
Do NOT use one of his attorneys.
Any debts during the marriage.
we have no debts
he had had real estate losses on a few properties in his trust which i inherit mind you if he dies but i own nothing now and i'm not on trust except
trust in his name alyho all to me in the event he dies
Okay. Then you don't need to worry about it.
It would just be like credit cards, etc.
we pay off each month
okay then he cannot charge me with his business real estate losses
Okay, then it is moot.
very clear thanks so much
Not if they are business losses from a corporation, LLC, partnership, etc.
You are welcome!