Legal Question in Family Law in Kentucky

My husband and I are getting a divorce and have stock and mutual funds as Joint Tennants with Rights of Survivorship. He had owned these stocks and mutual funds before we were married and added my name to them with JTROS after we got married. Do I have the right to 50% when we finalize divorce? Thanks.


Asked on 8/12/10, 3:13 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

That depends on whether you can prove that the adding of you name evidences that he gifted them (or 1/2) to you. Title does not determine whether something is marital or not; title is just one piece of evidence. The fact that he owned them prior to marriage makes them non-marital unless he gifted them.

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Answered on 8/17/10, 7:10 pm


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