Skip to main content

My previous wife and I own a small strip mall. We put it in an llc. My second wife insisted she be added to the llc. I added h

Las Vegas, NV |

her to the llc. Now we are divorcing. Does she own any part of the llc my previous wife and I own?

Attorney Answers 3

Posted

Possibly. If the transfer of ownership to the new wife was an authorized transaction under the operating agreement, she definitely owns part of it. If the transaction was not authorized under the operating agreement, she may have a claim, and you could be liable to the company or your previous wife for the wrongful act.

Also, if the company grew in value due to your labor during the marriage, your new wife could claim part of that as community property. She has the right to the value of your labor, but not passive growth of an asset that was owned at the time of marriage.

This is a very sticky situation and you are facing a minefield of legal problems. You need a family law attorney today.

Mark as helpful

6 lawyers agree

Posted

You need to get into an attorney's office right away; there are a series of questions here:

1) Was adding her proper?
2) Was "your" act of adding her even effective?
3) What if any interest did she get?
4) Even if not effective, what is her community property claim to any increased value?
5) Do you even own a piece any more?

You need to get all the documents and your first divorce decree in for analysis.

Mark as helpful

5 lawyers agree

Posted

I agree with my colleagues. You need to consult with a family law attorney ASAP. If the family law attorney is not familiar with business law issues, you may want to consult with a business attorney who can look over the paperwork from when you added the second wife to the LLC to determine whether the addition was properly completed and what she received.

Disclaimer If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney. The answers to questions submitted on this site do not constitute a solicitation or the provision of legal advice and should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, the answers provided should not be used as a substitute for the advice of competent legal counsel. You should always consult a suitably qualified attorney regarding any specific legal problem or matter. The Law Office of Loren A Piel Ltd assumes no responsibility to any person who relies on this response and disclaims all liability in respect to such information. The response to your question is not intended to and does not create an attorney-client relationship and does not constitute legal advice. No information you provide through this website is protected by attorney-client privilege. An attorney-client relationship can only be created by the mutual assent of both parties and only after a consultation. The Law Office of Loren A Piel Ltd cannot agree to be retained as counsel until a conflict-of-interest check is completed and a written engagement and fee agreement provided by The Law Office of Loren A Piel Ltd is signed. If you choose to email me, do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in the email transmission. Unsolicited emails do not create an attorney-client relationship and confidential or secret information included in such emails cannot be protected from disclosure. I am only authorized to practice law in the jurisdictions in which I have been properly licensed. I am not certified by any state's or jurisdiction's board of legal specialization; nor certified as an "expert" or "specialist" pursuant to any authority governing the practice of law. The Law Office of Loren A Piel Ltd does not through this site seek to represent anyone in a jurisdiction where this site may fail to comply with the laws and ethical rules of that jurisdiction.

Mark as helpful

2 lawyers agree

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics