Legal Question in Family Law in California
Effect of incorporation on future divorce proceeding
My husband is incorporating his business and I am not listed on the incorporation. Can this effect any future settlement if we get a divorce and what should I know know to protect myself in the event that it does?
2 Answers from Attorneys
Re: Effect of incorporation on future divorce proceeding
No, as long as the business was acquired during the marriage it is community property. Good Luck, Pat McCrary
Re: Effect of incorporation on future divorce proceeding
Unless you've agreed otherwise, and/or the business assets came from your husband's separate property, the business is community property and belongs to both of you. Your husband's efforts to build the business and his salary from the business will be community property.