Marital Asset - Stock Purchased prior and after DOM


#1

Prior to marriage, my ex made payments for the purchase of stock (he was taking over a business and wanted to own all the stock). After marriage, he continued to make payments on the stock and also purchased the business property associated with the stock. We paid the stock off several months later and at that time, received a stock certificate (in his name only). Is the stock considered a marital asset or is my claim to the stock only the percentage that was paid for during marriage?
Thanking you in advance


#2

Since funds were used during the marriage to purchase the stock, it will have a marital component due to the source of funds rule. In your situation, I don’t thnk there is a quick answer to what is marital versus separate. I would need to look at the business purchase and value as a whole to determine what portion is marital, especially if he has been actively working to increase the value of the business and the stock, and you need to take into consideration the value of the business he purchased as well, not just the stock.