Legal Question in Family Law in Virginia

Re: Pre-Marital Stock Account

It depends. If the stock was given to you by a relative who was alive at the time, it could have been under what used to be called the Uniform Gifts to Minors Act, an arrangement that prohibits you from having full control until you are 18, or perhaps even 21; you have to reach that age. If it was given to you in a trust, either by a living person or through a will, your right to full control of the stock depends on the wording of the trust. You really should have the document by which you received the stock reviewed by an attorney.

Re: Pre-Marital Stock Account

It depends. Are you asking whether this is marital property? If so, property acquired PRIOR to the marriage is usually not marital property. Property acquired by gift or inheritence (even if during the marriage) is also not usually considered marital property that can be divided at dissolution of the marriage. However, if one can show that you commingled that asset with marital property or you spent a great deal of time, effort or labor maitaining or accumulating that asset during the marriage then it may be deemed marital property. I would need more facts before providing you with a more detailed answer. Please feel free to call my MD office at 301-652-0663 or VA office at 703-598-9220.

Re: Pre-Marital Stock Account

So long as you do not mingle this asset with any asset that could be considered a "marital" asset or in any other way put the asset in your spouse's name it is not divisible by a divorce proceeding.

A "marital asset" is any asset acquired subsequent to the marriage except by gift or inheritance.

A "separate asset" is any asset acquired prior to the marriage or at any time by gift or inheritance.

Co-mingling or placing the asset in the spouse's name, solely or jointly with you, converts it to "marital property."

Separate property is, however, to be considered, but not itself divided, when the Court decides what division to make of the "marital property."

This is Virginia law only. Other states may take a similar or dissimilar approach.