My husband and I have been separated for 10 years and we are in the process of getting a divorce. We have no Financial connections whatsoever. He is concerned that he is liable for my new business that I recently started.
No, he's not liable. Nor will be benefit if you succeed.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
Was the separation a legal separations that was put down in a judgment for separation? If not, then do the two of you agree on a date of separation that would precede the actual acquisition of the new small business? If the answer to either of these question is a yes then he would have no liability.
Under California law, the date of separation is defined as the date in which the parties no longer intended to resume marital relations with one another (in other words, the date in which the parties intended to end marital relations with one another). When was your date of separation? Is this date of separation agreed upon between you and your husband?
Under California law, all property and/or earnings acquired during marriage is presumed to be community property. However, all property and/or earnings acquired prior to marriage, during marriage via gift and/or inheritance, and after the date of separation is considered to be separate property.
When did you start or acquire the new small business?
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