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Are Country Club Memberships Divisible Property?

Country club memberships can cost an exorbitant amount of money, but if they belong to one spouse in a marriage then are they considered divisible property? According to divorce source, they certainly can be. A case called Solomon V. Solomon which took place in 2004 determined the classification of a country club membership in the event of a divorce. According to the filing of the case, a man joined a country club by paying a $25,000 initiation fee. Shortly after, the fee went up to $80,000 for initiation. His wife claimed that the pricey membership was marital property during their divorce. Despite the insistence, the court decided to take a look at the complaint.

The court determined that the term property encompasses everything that has an exchangeable value or that makes a man’s wealth. This means that ever interest or estate which the law regards of sufficient value is a part of the marital property in lieu of a divorce. Property can be both physical and intangible, as long as it comes with a monetary value. While property can be intangible, there are certain restrictions about what characteristics these properties must have. According to the National Legal Research Group, intangible property must have the ability to be transferred exchanged, and produce value in a more tangible form.

This means that each country club membership needs to be evaluated in court to see what the restrictions are. If a membership is not exchangeable, then it may not be considered marital property. If it can be sold or transferred for tangible funds, it can be added into the marital property and be subject to division. If the membership cannot be traded, then it is not marital property. If you need more questions or want to clarify if a membership can be divided in your property negotiations during divorce, then contact an attorney at Cutter & Lax today!

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