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Im in process of divorce. About 4 years ago my husbanded gift

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I’m in process of divorce...
I’m in process of divorce. About 4 years ago my husbanded gift me a portfolio of stock which he got from his father to me. This account has been on my name for more than three years. Now he is claiming that he didn’t and all this account is his. What are my rights? I live in California. we have been married for over 13 years.
-fay-
Submitted: 8 years ago.Category: Family Law
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Answered in 13 minutes by:
3/1/2009
Family Lawyer: Ellen, Lawyer replied 8 years ago
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

The property lost its separate property status when your husband put the account in your name. The account appears to be now marital property subject to the community property rules in California. It would typically be split equally.
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Customer reply replied 8 years ago

this account has been only with my name and I didn't mixed it with anything ells. His name is XXXXX XXXXX that account. is that any different from other kind of gifs or from whom I recived it.

-Fayy-

Family Lawyer: Ellen, Lawyer replied 8 years ago
Hello,

Yes it is different since it was a spousal transfer. Your husband transferred the property into your name and therefor it is marital property. Had you received the gift from a third party, it would be separate property and not subject to court distribution.
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Customer reply replied 8 years ago
so jewelry would fall in same category, or it doesn't. Like gifts he give me. what make them different?
Family Lawyer: Ellen, Lawyer replied 8 years ago
Nothing makes them different. They are marital assets subject to community property distribution.
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Ellen and 87 other Family Law Specialists are ready to help you
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Customer reply replied 8 years ago

thank you

-fay-

Family Lawyer: Ellen, Lawyer replied 8 years ago
Thank you.
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Ellen
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