Legal Question in Family Law in Massachusetts
Hello, I am married with a three year old son wanted to buy a restaurant. My husband will sign the landlord contract, buyers agreement ect. In case of a divorce do i have the right for half of it or not?
1 Answer from Attorneys
Not necessarily. In a divorce, all marital property is divided "fairly", not "equally". The business of the restaurant will be considered marital property in the event of divorce, and will need to be valued and allocated in a fair manner.
Do you and your husband intend to purchase the restaurant in your own names, or form a corporation or LLC to own the restaurant, etc?
If you want to feel more confortable, you and your spouse may want to sit down and iron out a post-nuptial agreement that spells out the intentions of the parties for your unique marriage.
Good luck!
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