I have been married for 3 years with my wife beeing overseas half the time staying with her family. Marriage has not worked out very well and considering a divorce. I build a new house before our marriage which is under a company name, my wife is also a director now with that company. Is she entitled 50% of the company assets despite the assets were established before our marriage.
Answers:
1. You answered your own question. She gets half - but seek legal opinion for full story...
2. Depends on what state you live in but.... bad news, unless there was a prenup, she gets half.
3. i suggest you see a divorce attorney who can clarify your rights. laws vary by state and to try to answer your question without knowing more would be close to legal malpractice.
4. Fire your wife and remove her from the company. If she is not a US citizen this will be very easy. If you are the CEO you could also transfer title from the company to your name.... in any event the fact that this was yours prior to her involvement with you or the company then it should not be that difficult to hold on to the house in a legal proceeding.
Regardless of what the others have said before me .... any property that was yours prior to the marriage is separate... community property is any property or assets you accumulated during the marriage!
5. From a lawyer (he's sitting next to me): It sounds like the company owns the house even though you used your separate funds to build it. Being a director does not give her an interest in the company; only stockholders own the company. Based on your facts, I would say no, she is not entitled to 50% of the company assets.
6. You seriously need to get legal advice from a lawyer.... In some states when a marriage was only 3 years, the 50% rule does not kick in... Considering your wife has lived over seas for half the time of your marriage, might have a play in the divorce decision.
Seriously, get a lawyer and be sure to prove that the house and company were before the marriage. especially with the marriage so young.
7. You want the truth----When you get into court the Judge can do anything he wants. People are going to tell you this and people are going to tell you that. TAKE it from some body that went down the hard way, once you get into the court room its on.My damn lawyer even filled me with Bull-Sh--. And after he had my money he would not even take my calls. I worked for the IL D.O.C. for 15 years, I was in court about half of that time. He or she will do what ever they feel like that day!!! So if you can hid anything do it!
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