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Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
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Divorce and the family business

On Behalf of Law Offices of John A. Guthrie | Feb 22, 2017 | High Asset Divorce

When California couples divorce, if they also own a business together and do not have a prenuptial agreement in place that deals with it, they will have to decide how to divide it. While one person might want to buy the other out, this could be difficult if that individual’s money is largely invested in the business itself. In this situation, it may be possible to get a bank loan or to sign a property settlement note that allows the individual to pay the other person back over time with interest.

Another option is that the two can sell the business. Both this and the buyout option require a valuation of the business, and this could be time-consuming. Furthermore, the business may not sell immediately. Therefore, even though this may be an option individuals choose because they would like to put an end to any financial ties, it could actually take much longer than desired.

Some couples decide to keep running the business together as long as their breakup has been reasonably amicable. However, this is not an option for many. If people are left running the business on their own, they might want to look into taking on a partner. In either case, the owners should sign an agreement that deals with the rights of one to buy out the other.

In divorces involving significant assets, the process can be long and complex whether or not one of those assets is a family business. If one person came into the relationship with the majority of the wealth or if one person earned most of the money, the other person might be concerned about their financial security after the divorce. Alternately, the other individual may be worried about protecting family wealth. Both may want to discuss these concerns with their respective attorneys.

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