Divorce and Business Accounts

[TonyG2009]

What is the name of your state (only U.S. law)? California

Soon to divorce. I have a business account in just my name. When we divorce, will my ex have any legal rights to that account. If so, is there any way to keep it separate so that she does not have rights to that account? -Thank you.

 

[ecmst12]

CA is a community property state - your stuff is her stuff, her stuff is your stuff. You need to talk to a divorce lawyer in your state.

 

[tranquility]

Actually, it is a bit more complicated. We're not just talking about rights to the money, but the ability to control and manage it. As to the rights to the money, google "pereira van camp". As to the ability to manage it without interference, speak with your attorney.

 

[nextwife]

Additionally, business creditors may have rights regarding business funds that preceed the marital rights. There are contract law issues that could exist. Money in account doesn't necessarily = money available for division. Current business creditors need to be paid before funds in the account can be divied up.