Escondido, CA asked in Business Law and Divorce for California

Q: May be facing divorce and my spouse owns a business.

Spouse wants me to walk away from their business because they are afraid I'll go after it. I don't understand what they mean by, "go after the business"- I don't understand what I could get out of it. We are in California.

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2 Lawyer Answers
Robert P. Cogan
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Answered
  • San Diego, CA
  • Licensed in California

A: California is a "community property" state. There are detailed rules that determine which spouse owns what. Property may be separate property or community property. There is a possibility that you may share in your spouse's ownership interest in the business. Your question does not indicate who "they" are. The only prudent way to understand what you can get out of it is to provide an attorney with all the facts.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: The business may be considered community property, and you may have a right to a portion of its assets in a divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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