"gifted" business


#1

Hello-

I have been married for 30 years and his father has “gifted” the family business to he and his brother. Do I have a right to this business in divorce?


#2

If you were to end up in court trying to claim an interest in the business, your argument would need to be that the father-in-law gifted the business to you both (to the marriage). Of course, his argument will be that the father gifted the business to him and not to the marriage. I would certainly start off by arguing that his portion of the business is marital and go from there.