C.F.R.
»
Title 31
» CHAPTER II—FISCAL SERVICE, DEPARTMENT OF THE TREASURY › SUBCHAPTER A—BUREAU OF THE FISCAL SERVICE › PART 315—REGULATIONS GOVERNING U.S. SAVINGS BONDS, SERIES A, B, C, D, E, F, G, H, J, AND K, AND U.S. SAVINGS NOTES › Subpart E—Limitations on Judicial Proceedings—No Stoppage or Caveats Permitted
(a) Divorce. The Department of the Treasury will recognize a divorce decree that ratifies or confirms a property settlement agreement disposing of bonds or that otherwise settles the interests of the parties in a bond. Reissue of a savings bond may be made to eliminate the name of one spouse as owner, coowner, or beneficiary, or to substitute the name of one spouse for that of the other spouse as owner, coowner, or beneficiary pursuant to the decree. However, if the bond is registered in the name of one spouse with another person as coowner, there must be submitted either:
(1) A request for reissue by the other person or
(2) A certified copy of a judgment, decree, or court order entered in proceedings to which the other person and the spouse named on the bond are parties, determining the extent of the interest of that spouse in the bond.
Reissue will be permitted only to the extent of that spouse's interest. The evidence required under § 315.23 must be submitted in every case. When the divorce decree does not set out the terms of the property settlement agreement, a certified copy of the agreement must be submitted. Payment, rather than reissue, will be made if requested.
(b) Gift causa mortis. A savings bond belonging solely to one individual will be paid or reissued at the request of the person found by a court to be entitled by reason of a gift causa mortis from the sole owner.
(c) Date for determining rights. When payment or reissue under this section is to be made, the rights of the parties will be those existing under the regulations current at the time of the entry of the final judgment, decree, or court order.
Notes of Decisions
Laturner v. United States, 133 Fed. Cl. 47 (Fed. Cl. 2017).
“” See 31 C.F.R. § 315.22 (a). 17 . As noted above, under its Unclaimed Property Act, bonds that have been presumed abandoned do not escheat to Kansas until three years after the end of this five-year period.”
Lea v. United States, 132 Fed. Cl. 705 (Fed. Cl. 2017).
“” See 31 C.F.R. § 315.22 (a). 17 . As noted above, under its Unclaimed Property Act, bonds that have been presumed abandoned do not escheat to Arkansas until two years after the end of this five-year period.”
Silverman v. Mcginnes, 259 F.2d 731 (3rd Cir. 1958).
“45(a) (1949), and surrender, 31 C.F.R. 315.22 (1949), of the bond. In this context, the position of the decedent after the gift of his right of survivorship was at best the same as if he had declared himself trustee of bonds registered solely in his own name.”
Silverman v. McGinnes, 259 F.2d 731 (3rd Cir. 1958).
“45 (a) (1949), and surrender, 31 C.F.R. § 315.22 (1949), of the bond. In this context, the position of the decedent after the gift of his right of survivor-ship was at best the same as if he had declared himself trustee of bonds registered solely in his own name.”
Thaxton v. Thaxton, 405 P.2d 932 (N.M. 1965).
“Otherwise, a claim against an owner or coowner of a savings bond and conflicting claims as to ownership of, or interest in, such bond as between coowners or between the registered owner and beneficiary will be recognized, when established by valid judicial proceedings, * * 31…”
In Re Godoshian Est., 312 N.W.2d 209 (Mich. Ct. App. 1981).
“In addition, the Treasury Department will not undertake to protect the interests of litigants who do not actually possess the bonds.”
— 31 C.F.R. § 315.22(a) — 1 case
In Re Godoshian Est., 312 N.W.2d 209 (Mich. Ct. App. 1981).
“In addition, the Treasury Department will not undertake to protect the interests of litigants who do not actually possess the bonds.”
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