Cumming, GA asked in Divorce, Estate Planning and Family Law for Georgia

Q: My husband received 100K from his Stepfather in form of a publicly traded company stock.

Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered inheritance or a gift? I would say it's a gift since his actual mother or father did not give it to him. After we received the stock it went into a joint investment account with both our names on it. Am I entitled to half of it?

2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.

Homer P Jordan IV
Homer P Jordan IV
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. Once it was put into your joint account it may have become marital asset. You should consult with an attorney who can review the facts of the case in detail and provide you with guidance.

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