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What happens to a business opened after divorce filled but before finalized?

I have started a corporation in September my soon to be ex-wife filled for divorce at the end of April. Will she be able to receive half of the stock I hold for this corporation?

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Attorney answers (3)

Reputation Level 20
Dude, you should have waited until the divorce was finalized and the appeal period ended before setting up your new corporation. The corporation is an asset and is part of the marital estate. So, the rest of the answer is a divorce law question and I highly reccomend that you re post the issue under that topic so that you get the expert opinion of an attorney who knows the divorce statutes in the state of Texas.

DIfferent states handle these matters differently, but in the states in which I practice, this would without question be considered what is called part of the "marital estate." And so yes, the wife is in fact entitled to an equitable distribution as to her share of the asset.

Legally, her name may not be on any stock certificates. But equitably, she is a part owner of the company.

Remember, even though you are going through a divorce and you may not have been living together for a long time and the relationship is over, you are still legally married until the divorce is finalized by the court.

Reputation Level 15
You really need to talk to a good family law attorney. Property divisions are all about horse-trading and a lot is going to depend on the actual value this corporation.

Reputation Level 11
It is up to the judge if you do not reach a settlement. All property acquired until the divorce is final is presumed to be community property and subject to division. As was stated earlier, for future reference consider holding off on new ventures until the divorce is final and in the books. Simply filing is not enough.

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