Legal Question in Business Law in Washington
I'm in the middle of an ugly divorce. I filed in February, but my ex is dragging it out and trying to bankrupt me with legal fees. I want to start my own ecommerce retail business to make ends meet. Since our divorce is not finalized, does he get half of my business if I start it now? How can I protect myself? He's extremely hostile and litigious.
1 Answer from Attorneys
Generally, once a husband and wife are split up and/or are in the process of divorce, they are no longer a "community" for Washington community proper law purposes and they are considered as individuals and not as members of a marital community for most purposes. If you use community property to fund a new, post CP business, the other spouse may be able to make a claim against the new business on that basis. It is not safe to proceed without legal advice as the fact patterns may change what part or type of law otherwise determines the property ownership.
Don't make any decisions without having a lawyer advise you after a complete disclosure of all of the facts.
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