Legal Question in Family Law in California

Stock Division

We are going through the divorce process for two years now. It came to my notice that my (ex) wife sold her stocks account (worth more than 100K), which was a community property. I have written two times to her lawyer to give me half of the stocks. However, there was no reponse. I filed a motion in the court to give me half of the stocks. Is it a wrong thing to ask (before the final settlement)? The other lawyer is threatening me with sanction because of unnecessary burdensome litigation. Should I continue with my motion or should I take it back? The reason I want it now is because they are trying everything to delay the final settlement as much as they could. It could probably take several months to reach the stage of final settlement.


Asked on 11/20/07, 4:47 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Stock Division

If there is other property against which an offset can be made, don't worry about going to court right now. However, you should do discovery and ask for all financial information regarding all assets. If you don't have any attorney, you should really consult with one so that you can protect yourself. For certain types of assets, you can file a form that puts the company holding the financial information on notice that there is a divorce pending.

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Answered on 11/20/07, 8:13 pm


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