chiliconcarne
Junior Member
What is the name of your state (only U.S. law)? CA
I have a brokerage account, opened and funded fully during marriage. So, whatever is in the account is community property. I understand that. My ex wants half the stocks in this accounts as she claims financial hardship, which to a certain extend is true.
Roughly speaking, the value of the stocks in this account is about $100K and she is entitled to 50K of it. On the other hand, with the divorce, she left me high and dry and I may be holding the pot for a lot of debt that I may end up paying. (complex situation) She has already received the half the cash in the bank accounts under my name. This is the last piece of substantial asset that I have control over.
The divorce case is still going on. No asset distribution is finalized yet and most probably the case will last another year or so. If I give her the 50K of the 100K mentioned above and at the end she gets ordered to pay me 10-15K as a result of the asset division, I think she will not be able to and I will get stiffed or struggle to recoup it from her.
Since the divorce and asset division is not final, instead of giving her the full$50 as her and her lawyer's letter asks, if I give her say $25K and hold on to the remaining $25K until the dissolution is final, would this come back to bite me because of the attorney's letter ? I do not want her to suffer hardship but my finances are not too rosy lately and if I get stiffed, that might hurt me financially. I hate to be the nice guy who gets hurt at the end.
Can I hold back some of the money she may be due to receiving at the end ?
TIA
I have a brokerage account, opened and funded fully during marriage. So, whatever is in the account is community property. I understand that. My ex wants half the stocks in this accounts as she claims financial hardship, which to a certain extend is true.
Roughly speaking, the value of the stocks in this account is about $100K and she is entitled to 50K of it. On the other hand, with the divorce, she left me high and dry and I may be holding the pot for a lot of debt that I may end up paying. (complex situation) She has already received the half the cash in the bank accounts under my name. This is the last piece of substantial asset that I have control over.
The divorce case is still going on. No asset distribution is finalized yet and most probably the case will last another year or so. If I give her the 50K of the 100K mentioned above and at the end she gets ordered to pay me 10-15K as a result of the asset division, I think she will not be able to and I will get stiffed or struggle to recoup it from her.
Since the divorce and asset division is not final, instead of giving her the full$50 as her and her lawyer's letter asks, if I give her say $25K and hold on to the remaining $25K until the dissolution is final, would this come back to bite me because of the attorney's letter ? I do not want her to suffer hardship but my finances are not too rosy lately and if I get stiffed, that might hurt me financially. I hate to be the nice guy who gets hurt at the end.
Can I hold back some of the money she may be due to receiving at the end ?
TIA