Have an attorney review your operating agreement and determine if there is a provision in the agreement that requires that you transfer the interest if you leave the company.
Phillip M. Smith Jr.
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The facts you provide are very limited. Who would force you to sign it over and why? You mention divorce, maybe you and the other member of the LLC were married? If so, the ownership of the LLC interest should be part of the divorce decree. If not, not sure what the divorce has to do with it. You would need to have the operating agreement reviewed as mentioned in another answer. Hard to be more helpful without more facts.
This information is provided for educational purposes and does not constitute legal advice, and no attorney-client relationship is formed. You should retain an attorney to receive legal advice on your particular situation.
Your interest in an LLC is your personal property and you cannot be "forced" to assign it to another party unless you agreed to assign. The most common way to reflect an agreement to assign is through an operating agreement (this can be oral or in writing).
So the first thing to do is review your written operating agreement (if you have one) or think if the members first agreed that your interests could be assigned in certain events. The next and most important thing to do is then speak with an attorney if you want advice about your situation. Good luck.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
If the order is incident to a divorce decree, and you're in the same state as the court that divorced you, yes, you most certainly be forced to do so or be punished by the court through its contempt powers.
**Disclaimer: Charles F. Basil is licensed in CT only. Any opinion given is based upon the general principles of law, but local laws may vary. This opinion is given for informational purposes only, and no attorney client relationship has been formed. Opinions on a website can not and should not supplant the advice of an attorney presented with all of the facts in your jurisdiction.**
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