I regret that the question is confusing so I would ask some questions to better advise you.
Having said that, marital property is defined as property acquired after the date of marriage until the date of separation. A key element of that definition is that the property in question actually be owned by husband or wife.
If I understand your facts correctly, the certificate was held for your daughter. If your daughter is a minor, the certificate could be her property held in trust by you under the Uniform Gift to Minors Act. In that event, you have a fiduciary obligation to your daughter to only use those funds for her benefit. It depends what the lawyer fees were used for.
If the certificate was actually your money that you merely intended to gift her at some point, it is actually yours subject to the definition of marital property above.
I trust this answers your question, but do not hesitate to call or email with any questions on a free initial basis.
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
610 489-3041 o
610 489-3042 fax
mnahrgang@verizon.net
nahrganglaw.com
Answered on Jan 26th, 2023 at 11:48 AM