Legal Question in Family Law in California

Probably not if it is done correctly and no community assets are going in to the business, including intellectual property. You should have an attorney to protect you on this.

While technically correct, Mr. McCrary's "if" completely consumes his "probably not." The correct answer is that she almost certainly will have an interest in the business unless you are in the extremely unusual situation that you can open the buisness using absolutely zero community property money or other assets. IF you actually can open the business with NO money earned or assets acquired during the marriage, she will have no claim.