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starting a business/protecting it from divorce

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michcc

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? MA.

This question might belong under Family Law too. I am considering buying/starting a business and there is also a possibility I am getting a divorce. What can I do to protect the business so that if I do divorce, my husband cannot get any part of it. Of course I will be starting the business with a partner and my husband's name will not be on it. Can anyone help with this answer? Also, my partner is hesitating/concerned with going into business with me because of this. She does not want any part of the business to go to my husband if we do infact divorce.
 


dingleberry

Junior Member
not legal advice

this is not legal advice simply just a suggestion...it may be stupid or not but why not just put the partner as the primary owner for the time being (if you trust this person entirely that is) or you can have a contract that states after a certain amount of time you can be added in as partner (i.e. after divorce) or you two can have a contract between yourselves that allows her to hire you and handle all duties as a partner (with the exceptions of course to legal paperwork/bank accounts which would require her signature) but yet legally you arent until future notice. she will be responsible for issuing you a paycheck so that it shows you are her employee. as long as nothing has your name as partner on any of the business paperwork (not even the registration as corp, inc, llc, etc) i believe that should be enough to not allow your husband to any rights of the business. once a divorce is finalized or you can establish that you were inducted into the business after establishing the first draft of paperwork for the divorce he should not have any legal rights to any income from the business. but to be on the safe side your better off waiting until the divorce is finalized.
 

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