If I form an LLC to invest in real estate and later get divorced, does my wife have any legal claim to any of the properties/cash?

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If I form an LLC to invest in real estate and later get divorced, does my wife have any legal claim to any of the properties/cash?

Asked on November 24, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the limited liability company that you want to create is created with marital assets and monies used to fund the limited liability's investments marital assets, then the limited liability company that you are writing about is subject to a claim by your wife as an asset that she has an interest in.

Likewise if you spend an inordinate amount of time with the limited liability company as opposed to a normal day to day job bringing in income, your wife can make a claim on another basis that she has an interest in the limited liability company.

I suggest that you consult with a family law attorney for further answers to your questions on the subject.


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