QUESTION
If my husband and I get divorced what percentage of his gold stock am I entitled?
Asked on Nov 12th, 2012 on Divorce - California
More details to this question:
He has gold with sterling it is under his name only if we separate or divorce am I entitled and if so what percentage am I entitled to?
12 ANSWERS
Nevada is a community property state, so if he purchased this stock during the marriage, you would be entitled to one half. The exception to this rule is if he purchased the stock with funds from an inheritance or personal injury award and kept it in his name only it would not be divided. Also, if he purchased the stock prior to marriage and kept everything in his name only, you would not be entitled to any of the stock.
Answered on Nov 14th, 2012 at 7:49 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You are entitled to half of anything that was acquired during the marriage. Anything that he owned prior to the marriage, would most likely be his solely. You should consult with an attorney in order to best determine your potential rights and options.
Answered on Nov 13th, 2012 at 5:23 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Yes you are entitled to your community share or that which was earned during the marriage.
Answered on Nov 13th, 2012 at 5:22 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It all depends upon the facts. You must meet with an experienced divorce attorney.
Answered on Nov 13th, 2012 at 5:22 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington you're entitled to a fair and equitable division of all property. What that specifically means about the gold, depends on many other factors.
Answered on Nov 13th, 2012 at 5:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You are entitled to half of it depending upon how much was acquired during the marriage.
Answered on Nov 13th, 2012 at 5:21 PM
That may depend upon when he purchased the stock. If he purchased the stock during the marriage, it will probably be looked at as 'community property'. The fact that the stock is in his name only will not change the way that asset is identified.
Answered on Nov 13th, 2012 at 5:21 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It depends when it was purchased or if it was a gift or inheritance. You should get half of what was acquired during the marriage.
Answered on Nov 13th, 2012 at 5:21 PM
Generally speaking, assets accumulated during marriage are considered community property, and are subject to division in a divorce, regardless of which spouse's names are on the asset. If he owned this stock prior to marriage, it would be separate property, not subject to division in a divorce. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Nov 13th, 2012 at 5:20 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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Normally, in Florida equitable distribution means that "Marital Property" is distributed 50/50 unless other factors calls for inequitable distribution. However, there are many other things to look at to see if his gold or property is or is not marital property. If the property was acquired during the marriage with marital funds, then you may be entitled to 50%. If the property was acquired with non-marital funds, you may be entitled to none or just a share of any increased value if you have contributed in any way. You should consult an attorney that can go over all the details of this matter to be able to let you know if you are or not entitled to any part of it. Every case is different and circumstances of each case can make distribution very different. The above is only for informational purposes only and shall be construed as legal advice.
Answered on Nov 13th, 2012 at 5:20 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can make a claim to all marital property including gold or other items. Of course you should consult with an attorney to discuss these issues fully.
Answered on Nov 13th, 2012 at 5:19 PM
Anything acquired "during" your marriage (date of marriage to date of separation) is community property and subject to equal division so long as it was acquired with earnings acquired during marriage. Anything acquired with money had before marriage or received as a gift or inheritance during marriage is separate property and not subject to division. It really doesn't matter how title to the stock is held. It is when and with what money the stock was acquired that matters.
Answered on Nov 13th, 2012 at 5:18 PM