Is gifted stock divisible in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Anthony Y. in Franklin, WI

Question Details:

During my marriage, my mother gifted me stock in the company she owns. I have not converted the stock. I still own the stock as it was gifted to me. Is gifted stock divisible marital property? Or will the stock be considered my separate, personal property?

Family Law Attorney Response:

The court will consider several variables when deciding separate or marital property. If the stock has not been converted, and remains titled in your name, then more than likely the stock will remain separate property.

When it comes to gifted property, the party which asserts the gifted status must provide the court with credible evidence that the property was, in fact, gifted. If this is contested, the party which is contesting must provide the court with evidence demonstrating that the character and identity of the property has not been preserved.

This is seen in the case of Popp v. Popp 146 Wis. 2d 778, 432 N.W.2d 600 (Ct. App. 1988). In this case, the husband was gifted stock by his father. Among other aspects of the case, the court included his gifted stock into the divisible marital property. The husband appealed, and the court of appeals reversed.

To avoid any complication, I recommend that you seek legal representation before proceeding.

Trisha Festerling, J.D.

Family Law Attorney

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