Hmmmm. I'm not a lawyer, but that could make a difference. However, Ithere're circumstances in which married people who live in a community property state can own property separately.
BUT:
Separate property refers to any property the spouses acquired separately before the marriage or after separation (or in some states after divorce). Separate property also includes any gifts or inheritances acquired by either spouse at any time. There are exceptions to these general rules, which are spelled out in each state's property laws.
So if these people owned the stock before they married, they could presumably declare it as separate property. Maybe. Though from what you say, that seems unlikely.
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