Legal Question in Business Law in New Hampshire

Protecting my Mutual Fund Portfolio from Liability

Right now I hold my mutual fund portfolio as a joint tenant with my wife. Since I am more subject to lawsuit than my wife because of my business activities, I would like to hold the portfolio as literally half hers and half mine, that is, have her half not subject to a claim if I am sued. Is joint tenant the right method to do that? What is tenant in common?


Asked on 12/21/98, 9:26 am

1 Answer from Attorneys

Re: Protecting my Mutual Fund Portfolio /Liability

You are on the right track. While this is a state law issue,

not federal law, and I'm a Mass. law practitioner, I will still

tell you what I understand to be the USUAL case with, shall I say,

shared ownership:

1) joint tenancy (or tenancy by the entirety in a husband and spouse situation)

usually gives both parties an undivided share in the whole; by default, there is

also a right of survivorship which 'trumps' a will and gives the whole thing

to the survivor(s) who are joint tenants when one of the joint tenants dies.

2) tenancy in common is a way to divide up the whole part into smaller distinct

shares, where possible. (Sometimes land can't be legally subdivided, for example).

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Comments for you: a) you can obviously break the accounts into two accounts

each with your own names on them. b) if there's either a high likelihood of attack or

a large sum of money involved, call me to start and I'll refer you to an expert in asset

protection. There are many ways to protect the whole amount from attack by 'creditors'

of either one of you, ranging from simple to exotic. c) If there's a foreseeable attack

that you can identify now, the sooner you call the better!

I arrange homesteading, self-settled trusts, offshore asset protection trusts, and even

some other schemes for people with enough money at stake.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


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Answered on 1/24/99, 9:56 pm


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