Legal Question in Business Law in Texas

Work from home as a corporation

Hi,

My wife is doing a business at home as an S-corporation. There is no employee. We do not claim our home for business expense. My question is if some one sues her corporation, is our house at risk?

Thank you


Asked on 12/30/04, 10:58 am

3 Answers from Attorneys

Charles White Charles G. White

Re: Work from home as a corporation

Hopefully, the two of you have not put the title to the home in the corporation's name. If so, you are likely to lose your homestead exemption, and creditors can seek recovery from property owned by the corporation. Otherwise, the homestead should be from from claims of creditors [except for those holding valid liens such as purchase money home loan, home improve loan, qualifying home equity loans, valorem taxes, and IRS taxes].

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Answered on 12/30/04, 11:15 am
Charles White Charles G. White

Re: Work from home as a corporation

CORRECTION to the last sentence of my prior comment. It should read:

". . . Otherwise, the homestead should be free from from claims of creditors [except for those holding valid liens such as purchase money home loan, home improve loan, qualifying home equity loans, valorem taxes, and IRS taxes].

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Answered on 12/30/04, 11:19 am
Peter Bradie Bradie, Bradie & Bradie

Re: Work from home as a corporation

Your home would not be at risk since you have the homestead exemption protecting it. If the suit is for business damages such as breach of contract, your wife is protected by the 'corporate shield' where the corporation bears the sole burden.

If your wife is providing personal services, where she would usually be covered by errors and omissions insurance, she could be held personally liable, along with the corporation, if the lawsuit resulted from the negligent performance of those services.

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Answered on 12/30/04, 2:01 pm


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