When a spouse owns part of a business, the divorce may require more than a personal balance sheet. The parties may disagree about the ownership interest, the value attributed to it, compensation, or access to company records. We represent a spouse addressing the business interest as part of the divorce.
Understand the interest before assigning a value
Governing agreements, ownership records, financial statements, tax returns, debt, and distributions help identify what is being valued. The spouse’s ownership interest and the company’s own assets are not automatically the same thing. We identify disputed records and valuation questions requiring further evidence.
Address the effect on an operating company
Document requests and proposed division terms should account for the actual ownership structure and restrictions. Disputes with co-owners may require separate business-litigation analysis. We distinguish the divorce issues from company claims and assess conflicts before taking on an additional role.
Records that may matter
- Operating, partnership, shareholder, and buy-sell agreements
- Company financial statements and ownership records
- Compensation, distribution, loan, and tax records
Questions about your case
Is the company’s property automatically marital property?
Not simply because a spouse holds an ownership interest. Entity ownership, the nature of the interest, and property characterization require separate examination.
Does a business-owner divorce require a separate business lawsuit?
Not always. A dispute about the spouse’s interest may remain within the divorce. Claims involving other owners or the company itself need their own scope and conflicts review.
Texas law references
General information. The applicable rules depend on the facts and proceedings.