My question if someone had shares in a priviate family company set up before they were married , say worth $100,000 on that date. Now worth say $500,000 at date of separation. Can they argue either they are a gift so not included or that there is no market value (can not sell it) so not included in the property division?
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You can argue what you want. But business valuations are certainly a ripe picking ground for the lawyers. The ex is not going to let that slide though so expect a fight.
Whether the shares were a gift doesn't matter. An inheritance could matter.
When you say the shares can't be sold, do you mean there's restrictions on transferring them or that there is a limited market to sell them?
And how did you arrive at the value of $500K?
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so not an inheritance and lets say they are valuated and agreed upon through financial disclosure and issue is that no real market to sell them as more of a holding company and closely held family company so how could an equalization payment get paid out
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