Am I entitled to any gifted business shares(during marriage)my husband regifted 2 his business just prior to filing for divorce?

Anonymous Oct 9, 2009 Divorce 3 views 1 answers

Married in 1997, my husband joined his father's trucking company full time. A few years later, my husband became an owner to create a LLC. I believe his shares were gifted yet I don't believe he paid a gift tax. I believe the ownership was split 3 ways-dad, son, & mom. I do not have access to the tax papers as he stole them from the house. Just prior to my filing for divorce, he gifted back the shares of his ownership to his dad w/o informing me. Can he do this? What are my rights? What documentation do I need in order to fight this in court? We have 5 children that I was an at home mom to while he worked (invested) into the business. I also secretarial work for the business that I was never paid for.

Attorney Answer

1

James Morrison

James Morrison · Jun 15, 2026

In divorce naked legal title is much less important than in almost any other area. Generally gifts from a parent to a married child do not benefit the spouse, UNLESS.... any number of factors are involved. If the shares were in your name, or if marital assets were used to maintain the shares, or especially if the shares were really earnings for services rendered to the business, then you may have a very good claim to have them included in the marital estate. The fact that he stole the paperwork from the house will help you make that claim- and the fact that your attorney will certainly threaten to force his parents to open the books and to testify should be very strong bargaining chips in negotiations.

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