Legal Question in Family Law in Virginia

in a divorce proceeding in Virginia, is a gift of stock to one party during the marriage become a marital asset for divorce consideration purposes?

Asked on 8/11/13, 7:37 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward
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Comes now the classic lawyer answer . . . it depends.

If the gift of stock was from someone other than the spouse, and intended for and titled in the name of one of the spouses only, it is that spouse's separate property; but if it is sold and the proceeds comingled with marital property, it may not be possible to trace it back to its separate beginnings.

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Answered on 8/12/13, 5:10 am

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