Legal Question in Family Law in Michigan

Re: Llc

This question has been directed to a law frm in British Columbia and pursuant to the lawGuru postings, must be answered with reference to B.C. law.

Generally, in B.C. there is no such thing as an LLC for such purposes.

The citizenship of the people involved is irrelevant. There is no such thing as "living in Canada" for the purposes of dealing with asset divisions and asset ownership. The relevant law is that of the Provinces and States involved, and the law varies from Province to Province and State to State.

If the purpose of putting the property in your name is to ensure that the home is protected from a claim by your brother's wife, then that is a fraudulent act and you and your brother are liable for fraud. The property can be ordered to be re-registered in your brother's name and/or sold to pay his wife her share and you and your brother can be ordered to pay lawyers' fees and expenses for the fraud.

If the property wll be registered in your name after asset division (that is after your brother and his wife have divided their property and she has been given her share of the home or its equivalent in money or other assets) then you could be responsible for some acts that happen in the home; it is doubtful that you could be sued for a fire that happens in the home unless it was as a result of som negligent condition in the home. If the fire is caused by the tenants it is difficult to see how you could be held liable. As to most dangers, you should obtain insurance and of course tell the insurance company that the home is being rented.

There are many more considerations, and you should consult a lawyer with the specific details.