I have a home based dog grooming business in Minnesota. We had built an addition on to the house and this room is specifically designed for the dog grooming. I have been grooming for 17 years and this is my career and my owned business that I am the sole employee/worker.
You may not be able to directly answer, however I was wondering if my husband would be able to take the house in a divorce? If he were to get the house I would lose my business and ability to make the money that I am accustomed to earning.
Thank you very much for your time,
The house, and business, are both marital assets that may be subject to division among the two of you. That said, the court retains the authority to decide who will take which assets. All things being equal, if you operate your business out of the residence, it is likely that the judge would decide in your favor - so as not to impose an undue hardship upon you. But, as with every situation, you never know what a judge is going to do.
A court may apportion marital property equitably, which means in a fair fashion. That means either party may be awarded the house or the court may order the home sold to divide or pay out the equity. Ultimately, if the court is presented with the issue, the result may depend on how well you formulate your arguments and who is best able to satisfy any marital interest and/or refinance existing mortgages to remove the other party's name.
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Prior reply contains incorrect statement & should be discounted. You are correct that no attorney here may state outcome or likely outcome based upon that facts as stated. The standard for the division of marriage assets & liabs. is that it is a fair and equitable apportionment between the two spouses. Of course it is reasonable that, assuming this work site generates income that is more than nominal in sum, when all factors are considered, it may be reasonable for the trier of the facts (the judicial officer, judge, referee) to lean toward award of this particular home to you, but there certainly may be compelling factors toward a contrary sort of decision.
Do be wary of 'free advice'. Do talk with your own att'y. In my professional work, clients may present to me when they are contemplating, considering marriage separation or divorce: This sort of attorney counsel I may provide is sometimes termed 'pre-divorce legal planning', tho', of course, physical separation, legal separation, divorce action may never actually ensure.
Tricia Dwyer Esq
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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