Incorporttion of small business

corporations are owned by stock holders… you may not be able to touch his company … but his shares of stock would be another matter.
Since the corporation was formed prior to the marriage stickly speaking you would be entitiled to half of the apprecation of the stock since your wedding.
It gets real complicated really quickly your best bet is to get a lawyer involved now.


Dear pooh:

Greetings. The business is separate property, unless he titled it jointly during the marriage or did something else to convert this separate asset into marital property. You may be entitled to alimony though, which will be based on his income from the business. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

Before my husband and I were married, in 1989 ,he incorporated his business listed me as secretary and treasure and himself as owner and president. We were living together at the time this was done. We were married in 1994, now in 2006 he has decided that he wants a divorce. He says that I cannot touch his business, is this true?