Legal Question in Family Law in California

chiropractic ownership

I need California law on divorce issues. If husband is chiropractor, could he sell me his interest for a price and then the new chiropractor could own this business 51% and me 49%? We are a corporation.

We are both still on the shopping center lease for 3 more years. Do I try to get him off the hook on this or am I taking a risk?

Practic was successful years ago when husband was working full time. I have always run the business and want to save this asset and want him to give this to me in lieu of alimony that I am legally entitled to. Long story...but..

If this business leases a car that I drive, should I buy it now to save on taxes or leave in business name, lease is up on Sept if I receive the practice.

Thanks.


Asked on 3/11/03, 5:48 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: chiropractic ownership

You have a lot of questions that cannot be answered without a lot more facts. If you are not a chiropractor you cannot own the business, except as community property. This will take some legal and business planning. There are ways to resolve your issues to your satisfaction, however, you must be very, very, very careful. I don't think any attorney could give you any answers without a more complete knowledge of your situation. Get some legal advice and direction on this. Good Luck, Pat McCrary

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Answered on 3/12/03, 9:18 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: chiropractic ownership

It may be included in a marriage settlement agreement as community property leaving spousal support as a separate issue. I am not familiar with the tax savings you anticipate by purchasing the automobile. You would be well served by obtaining represnentation. Call me directly at (619) 222-3504.

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Answered on 3/13/03, 2:10 pm


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