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Family law division of assets hypo
| ,.,.,.,.,.,.,..,:,,:,,.,:::,.,,.,:.,,.:.,:.,:.::,. | 05/14/25 |
| Muscadine wine | 05/14/25 |
| ,.,.,.,.,.,.,..,:,,:,,.,:::,.,,.,:.,,.:.,:.,:.::,. | 05/14/25 |
| ,.,...,..,.,.,:,.:,.,.,::,..,..,:,.,.:.:.,:.::, | 05/14/25 |
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Date: May 14th, 2025 10:10 AM Author: ,.,.,.,.,.,.,..,:,,:,,.,:::,.,,.,:.,,.:.,:.,:.::,. Wife was given shares in a privately held startup as part of her compensation package. She can’t redeem them until the company sells itself in the next 3-4 years, and the shares can be cancelled if she’s terminated for any reason any time before then. Husband wants a divorce now. Wife’s attorney is arguing the shares aren’t a marital asset subject to division because they technically haven’t vested since not terminating her before redemption is a condition precedent for them to actually vest. Is this a valid legal argument? (http://www.autoadmit.com/thread.php?thread_id=5724839&forum_id=2#48929505) |
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Date: May 14th, 2025 10:18 AM Author: Muscadine wine "Wife was given shares"
Those shares are martial property. What those shares are worth, if they are worth anything, is something that people will fight over. Experts can be hired to opine on present day value of these shares.
My guess is that either Husband waives shares for a discount in accepting other martial property due to the uncertain nature of the shares present value. Or, they agree to a split of any value that these shares produce in the future, which of course is will lead to future litigation - which is the most likely outcome as litigants like to fight and attorneys like to bill.
Maybe there's other outcomes, but the above seems the most likely. |
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Date: May 14th, 2025 11:51 AM Author: ,.,.,.,.,.,.,..,:,,:,,.,:::,.,,.,:.,,.:.,:.,:.::,. But does she really even have the shares if there’s a condition precedent to her redeeming them? Would a court really order equitable distribution of her shares when there’s a chance they may be cancelled in the future and she’ll never receive any benefit from them? (http://www.autoadmit.com/thread.php?thread_id=5724839&forum_id=2#48929838) |
Date: May 14th, 2025 10:15 AM Author: ,.,...,..,.,.,:,.:,.,.,::,..,..,:,.,.:.:.,:.::, Maybe there’s a law board somewhere that you can post a question like this (http://www.autoadmit.com/thread.php?thread_id=5724839&forum_id=2#48929519) |