Legal Question in Business Law in Minnesota

Divorce/ division of assets

I am a veterinarian who owns a practice (S-corp) and building corp (LLC) in both my and my to be ex-spouses names. Does she legally have claim to ownership of the practice as she is a non-veterinarian?


Asked on 9/12/08, 2:52 pm

3 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Divorce/ division of assets

In a divorce she has a right to one half of any value that accrued uring the marriage, though she may have no right to actually be awarded the veternary practice.

In such circumstances, the businesses must be valued and each party's rights to the asset determined.

For a consultation call 612.240.8005 or visit divorceprofessionals.com

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Answered on 9/15/08, 10:41 pm
David Anderson Anderson Business Law LLC

Re: Divorce/ division of assets

I would need to see your corp and LLC documents to advise, but if properly established as a Professional Corporation, your wife should NOT have been provided any ownership interest in the practice.

Is there a Buy-Sell Agreement in place?

How about Member Control Agreement or By-Laws restrictions?

Call or email for further assistance.

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Answered on 9/12/08, 3:20 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Divorce/ division of assets

You aren't supposed to have a non-veterinarian have an owernship interest in a corporation that is created for a professional service. Whether you actually properly set it up that way is another story. If she is a shareholder of the s-corp, then she has an ownership interest, and you're going to want to see an attorney about changing that, as the law specifically states that a professional corporation cannot have shareholders/owners/members that are not licensed in that profession.

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Answered on 9/12/08, 3:26 pm


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