Can I buy a property before I divocrce using my stock holdings?
Question Details:
My wife and I are presently separated. Divorce has not been filed. I wish to purchase a house to live in which will require me to sell some stock holdings from my employer. Will this be a problem for me if and when divorce occurs?
It might be a problem, especially if it isn't done properly, although based on your question, it might not make a difference. If you have the resources to even think about this, you need a good divorce lawyer, and you should at least consult with one now, to understand your options, your rights, and your exposure.
If the source of the money you're usuing as a downpayment is money you have earned through employment during the marriage, it doesn't matter. Anything in which you have enough of a present interest to liquidate is marital property, although if the employment goes back to before the marriage, that pre-marital part might be seperable. If it's marital-employment money, whatever you do with it is still subject to distribution in the divorce. Depending on the rest of the asset-liability numbers, that might limit what else you could expect to receive from the marital estate.
