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#7
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| "P.Schuman" <pschuman_NO_SPAM_ME[at]interserv.com> writes: - quote - > I guess that was my basic question ?
Absolutely. Think about it in the limit...you can request actual> Can a Joint brokerage account with 100 shares of Cisco > be split into TWO NEW individual accounts with 50 shares each > and therefore not require selling of any stocks and no cap gains to contend > with... > Just didn't know if the brokerage firms will split things like that > ? stock certificates of almost anything you hold I believe. There's a fee for doing so, but once you have the certificates, you can hand them over literally. However, in the usual case, you just do a share transfer. When I quite an employer, for instance, the company holding the employee stock purchase plan account I had do a wholesale share transfer of the actual shares to a third party brokerage account. You can use such transfers to create new account too. What surprised me to learn about divorce situations is that they can be justification for divying up shares in qualified retirement accounts held in a single name to be split among the parties without any tax penalty even. I think that's what I'd heard at least... -- Todd H. http://www.toddh.net/ |
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#6
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| P.Schuman wrote: - quote - > I guess that was my basic question ?
The only issue a broker has is they need authorization to move assets to> Can a Joint brokerage account with 100 shares of Cisco > be split into TWO NEW individual accounts with 50 shares each > and therefore not require selling of any stocks and no cap gains to contend > with... > Just didn't know if the brokerage firms will split things like that ? a differently titled account. When moving shares from my employer's stock purchase plan to my joint account I needed to sign "I understand this transfer will make my wife a joint owner". If the two parties of the divorce make the request in writing, the broker will oblige. No half shares though. In the big picture, that will be the least of anybody's issues. JOE |
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#5
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| "joetaxpayer" <joetaxpayer[at]nospam.com> wrote in message news:0fCdncqzIrj-WhPYnZ2dnUVZ_tGsnZ2d[at]comcast.com... - quote - > > But - what if they just have a single joint brokerage account ?
Can a Joint brokerage account with 100 shares of Cisco> > How is that handled ? Are they forced to sell everything to be able to split, > > just like with any other single physical asset (cars, house, boat, etc) > > I mean, if the investment account is worth $500k, > > and the car + house + boat is not equal... then I guess you have to "sell" > > some stocks to get the account down to match the other assets. > > The implications of basis for tax purposes aside for the moment, why > would you have to 'sell' anything? If the stock is the last thing which > would even out the split, just split the shares. That's the easy part, > if neither, or both, wanted the house, that could be an issue. Part of > the house assignment would ride on the ability to remortgage the balance > into the name of the remaining, single, owner. It's certainly possible > that neither party would qualify as an individual. I guess that was my basic question ? be split into TWO NEW individual accounts with 50 shares each and therefore not require selling of any stocks and no cap gains to contend with... Just didn't know if the brokerage firms will split things like that ? |
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#4
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| - quote - > But - what if they just have a single joint brokerage account ?
The implications of basis for tax purposes aside for the moment, why> How is that handled ? Are they forced to sell everything to be able to split, > just like with any other single physical asset (cars, house, boat, etc) > I mean, if the investment account is worth $500k, > and the car + house + boat is not equal... then I guess you have to "sell" > some stocks to get the account down to match the other assets. would you have to 'sell' anything? If the stock is the last thing which would even out the split, just split the shares. That's the easy part, if neither, or both, wanted the house, that could be an issue. Part of the house assignment would ride on the ability to remortgage the balance into the name of the remaining, single, owner. It's certainly possible that neither party would qualify as an individual. JOE |
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#3
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| "P.Schuman" <pschuman_NO_SPAM_ME[at]interserv.com> wrote in message news:0Oyjh.11540$hI.4300[at]newssvr11.news.prodigy.net... - quote - > "Dale Maley" <dmaley[at]route24.net> wrote in message
or just transfer the proper amount of the assets to a new account?> news:emji5o025vh[at]news1.newsguy.com... > > I was financial advisor for my sisters divorce about 3 years > > ago.......assets were divided up between parties.....on joint > > accounts...asset was retitled (or ownership changed from joint to > > individual). > > I could see that a re-title would work for entire accounts, > just like with physical assets (cars, house, boat, etc) > But - what if they just have a single joint brokerage account ? > How is that handled ? Are they forced to sell everything to be able to > split, > just like with any other single physical asset (cars, house, boat, etc) > I mean, if the investment account is worth $500k, > and the car + house + boat is not equal... then I guess you have to "sell" > some stocks to get the account down to match the other assets. And, of course, don't forget to consider the tax basis and thus the tax liability for any assets as they are split up. oh, what a tangled web we weave, when first we practice to conceive . . . |
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#2
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| "Dale Maley" <dmaley[at]route24.net> wrote in message news:emji5o025vh[at]news1.newsguy.com... - quote - > I was financial advisor for my sisters divorce about 3 years
just like with physical assets (cars, house, boat, etc)> ago.......assets were divided up between parties.....on joint > accounts...asset was retitled (or ownership changed from joint to > individual). I could see that a re-title would work for entire accounts, But - what if they just have a single joint brokerage account ? How is that handled ? Are they forced to sell everything to be able to split, just like with any other single physical asset (cars, house, boat, etc) I mean, if the investment account is worth $500k, and the car + house + boat is not equal... then I guess you have to "sell" some stocks to get the account down to match the other assets. |
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#1
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| I was financial advisor for my sisters divorce about 3 years ago.......assets were divided up between parties.....on joint accounts...asset was retitled (or ownership changed from joint to individual). One interesting twist under Illinois law (every state has their own twists on divorce law).......the 2 parties can not be forced to use net present value to value retirement plans. If one party has a significantly better retirement plan, it would have a higher net present value than the poorer retirement plan. In Illinois, the law.....and appeals cases......support any method of splitting up the assets that is equitable or agreeable between the 2 parties.....but the law does not force net present value upon the parties. Judges perceive net present value as too complicated.......and general practice is to let each of the 2 parties keep their respective retirement plans to keep it simple. This is a little frustrating if you have a poor retirement plan......and your spouse has a rich retirement plan......that may be worth several hundred thousand more in net present value. And as they say, the only parties that do well in a divorce are the attorneys ![]() Dale P.Schuman wrote: - quote - > happen to see on TV last night - Grey's Anatomy - > where they were splitting the assets up... > Brownstone over Central Park, place in Hamptons, > and the classical stocks & bonds. > In real life - what actually happens in divorce with > stocks and mutual funds that are setup as JT accounts ? > When my mom died, I know I had to file a form & death cert > to remove her name from the various accounts, savings bonds, etc > but what's the logistics for a divorce ? > Are you forced to liquidate all assets, split up the cash, > and then be burdened with each having 1/2 the cap gains to report ? |
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| P.Schuman wrote: - quote - > happen to see on TV last night - Grey's Anatomy -
It's all negotiable, so long as basis is preserved. i.e. a stock owned> where they were splitting the assets up... > Brownstone over Central Park, place in Hamptons, > and the classical stocks & bonds. > In real life - what actually happens in divorce with > stocks and mutual funds that are setup as JT accounts ? > When my mom died, I know I had to file a form & death cert > to remove her name from the various accounts, savings bonds, etc > but what's the logistics for a divorce ? > Are you forced to liquidate all assets, split up the cash, > and then be burdened with each having 1/2 the cap gains to report ? at $10, worth $20, still has that basis and acquisition date. In some cases, one partner gets the house, the other, stocks. It would be a rare case where sales are forced for all assets, maybe the home(s), but not stocks. 401(k) can be split and remain pre-tax on order of the court. JOE |
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#-1
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| happen to see on TV last night - Grey's Anatomy - where they were splitting the assets up... Brownstone over Central Park, place in Hamptons, and the classical stocks & bonds. In real life - what actually happens in divorce with stocks and mutual funds that are setup as JT accounts ? When my mom died, I know I had to file a form & death cert to remove her name from the various accounts, savings bonds, etc but what's the logistics for a divorce ? Are you forced to liquidate all assets, split up the cash, and then be burdened with each having 1/2 the cap gains to report ? |
| Tags |
| divorce, funds, stocks |
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