Are my spouse's assets in an LLC considered marital property


#1

My spouse has a percentage of an LLC for income property shared with her family. I am not a member of the LLC. It was purchased during our marriage and I have participated with the management in interest of improving it’s value.
Is this asset considered marital property or am I excluded from this because I am not am member of the NC, LLC. I believe her part is 20%
I want to consider it in the evaluation of our total marital property if it is appropriate.


#2

If she gained interest in the LLC during the marriage, then there is a marital component to the LLC. The difficulty will lie in how to value what her interest is in order to determine what value you are entitled to. To learn more about this process, read our article: Dividing A Business In Divorce.