
spirit07 asked:
My brother in law owns an LLC business. He is sole owner.
My sister is divorcing him, and she has been told that the busines is classed as a marital asset and she has right to part of the profits.
Want we want to know is, the business debts..should that be included in marital debt, or should it be separate as the business is an LLC and should in any other legal issue be separated. Meaning the LLC is liable for its own debts, protecting the personal assets and you.
You see their personal marital debts is low, they have equity in their other assets.
The business however has debts, like suppliers and whatever, can her husband put all debts in a pot, or can she ask for it to be separated from the personal debt?
If the LLC cannot pay the debts off..surely the LLC is liable and not the husband and wife?
Please could someone tell me the rules on this? I cannot find information about it anywhere thank you
The LLC is a corporation. He is 100% shareholder. Yes he has signed personally for credit etc
This State is an equitable State.
He filed for LLC and as a corporation to save their marital assets and vice versa.
My sister can't afford a tax attorney just yet, but wanted to know some information about it beforehand.
She has been told she does have a claim in the business but wondered whether the debt like what they owe suppliers etc should be taken all as one debt in their divorce?
He is classed as the owner, and CEO of the business.
There is nobody else, just the employees.
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