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divorce and small business

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K

ksquared

Guest
What is the name of your state? California
My husband and I have a small business as husband & wife.
I want a divorce. If I submit a statement of withdrawal from partnership operating under a fictitious business name will I still be part responsible for the business because we are still married?
I do not agree with his operation of this business and I do not want to be responsible for anything he does.
 


I AM ALWAYS LIABLE

Senior Member
ksquared said:
What is the name of your state? California
My husband and I have a small business as husband & wife.
I want a divorce. If I submit a statement of withdrawal from partnership operating under a fictitious business name will I still be part responsible for the business because we are still married?
I do not agree with his operation of this business and I do not want to be responsible for anything he does.

My response:

Since the business is not a corporate entity, you'll be personally on the hook for any liabilities incurred by the business vis-a-vis your husband.

At the very least, if you want to cut your losses, and separate yourself from how he runs the business, you need to file for a "legal separation" or, at worst, a "dissolution" of your marriage.

Remember, California is a community property State. So, whatever he does, reflects upon you, and your shared community liabilities.

IAAL
 
K

ksquared

Guest
Thank you for your advice. It is what I thought it would be.
It looks like I must take legal action to protect myself.
Thank you again!

ksquared

p.s. I always knew I am always liable I just want to be liable for myself!
 

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