Abuse, Threats and Shared Business

North Carolina Divorce Law Divorce and Separation Answers
1

Any business you created during the marriage is marital, regardless of whose name is on the business. The law allows for a valuation by a professional. If he is not cooperative in allowing a valuator access to the business, the court can order him to cooperate.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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Charlotte, NC 28262
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

I have been married for some period of years and over that time my husband has practiced a pattern of verbal and sometimes physical abuse. He is very controlling and uses the abuse to keep me in check. We have separated several times and during each incident he threatened me with a variety of things and ‘forced’ me to come back.

One of the threats is that he will take away our business from me and give me nothing of it. The business is not specifically in my name since it is a ‘single owner’ LLC and we have included the business profits/losses on our personal taxes since inception. It is also at a point where much of the capital expense has now been paid off and the cash flow will be much more positive, therefore should be assessed more on potential value than raw capital worth.
My question is: what does the NC law say about businesses and the ownership and valuation of them during divorce proceedings ?