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    pending's Avatar
    pending Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 1, 2006, 01:53 PM
    Divorice question
    We live in Colorado. My husband and I own our own land development company. We have monies that will come to us when the final sale of these properties occurs. They are still currently on the market. If I divorce him before the sales occur, am I still entitled to my 50%? We have been married 18 years and our company that vested in these properties is owned by he and I 50/50.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Dec 1, 2006, 01:56 PM
    If the company is owned equally, then your divorce would not necessarily change the ownership. You would still own your 50% and when the properties sell you would get your 50% of the proceeds.
    KISSROMEO2's Avatar
    KISSROMEO2 Posts: 33, Reputation: 0
    Junior Member
     
    #3

    Dec 1, 2006, 05:35 PM
    I agree with ScottGem. 50/50 No matter What.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Dec 1, 2006, 06:36 PM
    The best legal answer is "you should be" but again a lot of info not known.

    You say the business is owned 50/50, is this in writing, is there a partnership agreement or is it owned though an incoporation.

    As long as everything is in writing, there should be no issues to it.

    But in a divorce each party can, and often do, lie, try to introduce false info and try hard to cheat the other party.

    Normally what would happen, is that the property would either be divided, or one party would be asked to refiance and buy out the other party, since a divorce is not going to get finalised unless all the property division has been agreed to.

    And of course the divorce does not have to end the partnership in a company, since a company normally also has value into itself. And the values of that company will have to also be divided.

    I wish I could say in a divorce it is always this or that, and I can say it "NORMALLY" is, but a divorce can drag money and business out for years if one party objects.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #5

    Dec 2, 2006, 10:52 AM
    You certainly should be. Get a lawyer's advice to protect your interests.

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