Legal Question in Family Law in California

Husband & Wife business owner

Married for 19 years now, My husband & I have owned our Transmission Business in Calif, for 15 years now & both work to run it. I found out he is planning selling the business without my consent or approval. I have made my feelings clear I do not want to sell the business we have 2 young children at home we have no other income for the future. what are my rights what can I do now?

thank you,


Asked on 9/02/03, 3:41 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Husband & Wife business owner

Since it does not sound that the sale of the business is tied to a legal separation or divorce petition, my recommendation is that you both see a lawyer for counsel. If business began during marriage, it is community property in California and funds from sale are community property. Call to discuss 800-685-6950

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Answered on 9/03/03, 3:16 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Husband & Wife business owner

you have a community property interest in this business, either defined legally by a perreira or van camp formula the courts use. if you can tell me more about the business, if its labor intensive per se and if you two were married at the time of its inception, i can further assist you legally in this matter. feel free to email today with your contact information for a free case evaluation/consultation regarding all of your rights.

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Answered on 9/02/03, 3:45 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Husband & Wife business owner

If the business was started during the marriage, there is a rebutable presumption that it is community property. Without knowing more about your particular situation, I can not be more specific. I do offer complimentary telephone appointmnets to discuss issues like yours.

It is always better to consult with an experienced family law lawyer on these issues. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/02/03, 5:31 pm


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