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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Im in process of divorce. About 4 years ago my husbanded gift

Customer Question

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.
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.

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.
Customer: 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.


Expert:  Ellen replied 8 years ago.

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.
Customer: replied 8 years ago.
so jewelry would fall in same category, or it doesn't. Like gifts he give me. what make them different?
Expert:  Ellen replied 8 years ago.
Nothing makes them different. They are marital assets subject to community property distribution.
Ellen and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.

thank you


Expert:  Ellen replied 8 years ago.
Thank you.