Abuse, Threats and Shared Business

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
919.787.6668 main phone
919.787.6361 main fax

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Charlotte, NC 28262
Main Phone: (704)307.4600
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Chapel Hill, NC 27514
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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 ?