If my husband is forming an LLC to buy into business but my name is not on the LLC or the business and our marriage goes south, is his interest in the business community property?

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If my husband is forming an LLC to buy into business but my name is not on the LLC or the business and our marriage goes south, is his interest in the business community property?

Asked on August 3, 2015 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

California is a community property state... this means that anything that is obtained during the marriage is presumptively the property of both spouses.  You won't own the whole company, but by law, if the marriage did go south, you would be entitled to an interest in his share of the business.


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