Legal Question in Family Law in Texas

If I have start-up stock that is not allocated to me yet but I am going through a divorce can my wife be entitled to any of that stock when it is granted at a later date?


Asked on 5/07/11, 8:06 am

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

It depends. If it is community property, then it belongs to both of you. The date of issue is not controlling, the date of your entitlement is.

It is similar to buying a house. If you have a contract to buy a house before marriage and close on the house after marriage, then the house is considered your separate property because you acquired the right prior to marriage.

Whether the stock is community or separate depends on what rights you have acquired on the date of divorce.

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Answered on 5/09/11, 7:46 am


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