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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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What about investments? 1. If theres any investments obtained

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What about investments?
1. If there's any investments obtained in his name only or my name only during our marriage, is that consider community property?
What about retirement accts?
2. Like Annuity or 401K from work or IRAs, etc. If there's any retirement invmt like annuity or 401K from work or IRAs obtained in his name only or my name only during our marriage, is that consider community property?

Thank you
Thank you for your follow-up, I will be most happy to explain further.

What about investments?
Investments, unless they are in assets or funds that were separately inherited or listed in a pre-nuptial agreement, become joint property on their growth.
1. If there's any investments obtained in his name only or my name only during our marriage, is that consider community property?
Yes, that is community property.
What about retirement accts?
Retirement accounts work the same way. For example if when you were married a 401K or SEP had $80,000 which was in his name, and it is now worth $100,000, the $20,000 growth would be split 50/50 between you, and he would owe you $10,000 from that account. At the same time if your investment account solely in your name went from $100,000 to $125,000, the $25,000 would also be marital, and would be split 50/50 between you, meaning that if both investments exist, you would end up owing him $2,500. This is just an example, of course.

2. Like Annuity or 401K from work or IRAs, etc. If there's any retirement invmt like annuity or 401K from work or IRAs obtained in his name only or my name only during our marriage, is that consider community property?
All of that is community property as far as growth while married. Anything earned, obtained, or maintained in those accounts prior to marriage is separate property of that spouse. If the account was obtained while married, regardless in whose name it is, that is all marital property.

Good luck.

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