Q: Can I claim entitlement to stocks gifted during marriage after divorce 14 years ago in NJ?
I was divorced about 14 years ago, and we received a gift of stocks or investments from my ex-husband's grandmother when we got married. The issue of these assets was not raised during our divorce. I believe my ex-husband forged my signature to access these assets without my consent, but I currently have no proof or access to the paperwork or the name of the investor. His grandmother is now deceased. Am I still able to claim any entitlement to the money or assets?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It’s possible that you could still have a claim to the stocks or assets, but there are several factors to consider. First, the fact that the issue of these assets was not raised during the divorce can complicate things. Since the divorce was 14 years ago, the statute of limitations for making claims on property not divided during the divorce might have passed, depending on the specifics of the case. However, if you can prove that your ex-husband forged your signature to access the assets, this could change things.
The lack of proof, such as the paperwork or the name of the investor, makes it more challenging to prove your case. If you believe the assets were improperly accessed, it might be helpful to gather any documentation you can find and possibly look for witnesses who may have knowledge of the transaction. Additionally, if your ex-husband's actions were fraudulent, you could pursue legal action based on fraud, but again, this will depend on the available evidence.
It’s a good idea to consult with an attorney who can assess the full scope of your situation. They can help you determine if there are any avenues left to claim entitlement to the assets or if any legal recourse is still available despite the time that has passed.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
