Owning a business with a spouse can be challenging at the best of times. Things can become even more complicated when a divorce is on the horizon. It is essential to approach the situation with a clear head and a solid plan.
According to the Texas Family Code, Texas is a community property state. This means that assets accrued during a marriage face property division in a manner deemed fair by the court. Determining equitable property division becomes more complicated when both spouses own a share in a business.
The structure of a business matters
The first step is to consider the ownership structure of the business. If the company is a partnership or sole proprietorship, dividing the assets and responsibilities may be more manageable. However, there may be more complex legal issues if the business is a corporation or a limited liability company (LLC).
Selling is less complicated, but not always desirable
One option is to sell the business and divide the proceeds. This can be a simple solution, but it may not be the best option if you and your spouse have put a lot of time and effort into building the business.
Another option is to continue running the business with a clearly defined separation of responsibilities. This can minimize conflict and ensure that the business continues to thrive. Another option is to buy out your spouse’s share of the company, either with cash or by transferring assets of equal value.
No matter what option you choose, it is vital to keep lines of communication open and work together to find a fair and equitable solution for both parties. This may involve compromise and creative thinking, but it is possible to successfully navigate the challenges of owning a business with an ex-spouse.
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