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Litigation

By ALM Staff | Law Journal Newsletters |
December 01, 2003

Transfer of Stock Assets: Ruling on Valuation

Where stock assets suffer a financial loss, the dollar amount transferred under the court's order should be the amount as of the date contained in the order; if a later date is improperly chosen by the transferor party, that party will be required to pay the difference if there is a financial loss. Bruno v. Loeffler, FA990170403S, Conn. Super. Ct., Stamford, Sept. 10, 2003.

The parties were divorced by judgment on Feb. 21, 2001. The husband was required to transfer certain stock property to the wife as part of the equitable dissolution of the assets. The court order clearly stated that the parties were to divide the assets based upon values on the date of entry of judgment, even though the husband had 30 days after entry to transfer the stock. On the date of the entry of the divorce judgment, the value of the combined stocks was approximately $136,000. Because of certain economic conditions, by the time the husband actually transferred the stock to the wife 20 months later, the value of the combined stocks was only $92,000. The husband was unable to offer credible evidence that the delay was excusable. The court ordered the husband to pay the wife the difference in value, plus statutory interest at the rate of 10% for the 20 months.

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