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I have a CD account that was opened a year before I got married . Is it considered a marital assets ?

Orlando, FL |

I also have some stocks that were given to me by my husband 10 years ago . They are in my name . Is it considered a marital asset ? can he claim them back ? Thank you for your help .

Attorney Answers 2


  1. Best answer

    As long as the funds and stocks have been kept completely separate and not comingled in any way (you did not contribute any funds to the CD or buy and sell any stocks during the marriage), then they shouldn't be considered a marital asset subject to equitable distribution. However, you should consult with an attorney before entering into any agreements or making any decisions in order to better determine your potential rights and options under Florida law, as well as discuss any issues that might arise during a divorce.

    Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    Joanna Mitchell
    Mitchell & Associates, P.A.
    614 E. Hwy 50, Suite 327
    Clermont, FL 34711-3164
    PH: (352) 324-2444
    FX: (352) 324-2229
    Email: jmitchell@mitchell-pa.com
    Web: www.mitchell-pa.com

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.


  2. While the initial amount that was placed in account definitely pre-marital there could be some argument made by the other party that the amount which accumulated in it during the marriage is marital and subject to equitable distribution. However, there would certainly be a good argument that it should not be considered to be a marital asset. I would be happy to discuss your issues with you further at a free consultation. I can be reached at (407) 426-5757 if you would like to schedule a consultation.

    Contact through this site alone does not establish a client lawyer relationship. This information is not to be used as a substitute for consulting with an attorney. I or any of the attorneys at longwelllawyers would be happy to give a free consultation. Call 407-426-5757. Longwell Lawyers

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