QUESTION

got married 7 1/2 yrs back. husband owned company, some properties and family home. my husband is abroad from last 1 1/2 yrs. where do i stand?

Asked on Aug 20th, 2013 on Debtor and Creditor - Texas
More details to this question:
Before we got married 7 1/2 yrs back my husband owed a company and his son is a share holder. my husband is in abroad from last 2 1/2 yrs. company is lots of depth. I live in a family home which my husband pay the mortgage. The company he owned is in real bad depth because of his sons spendings. They never get me involved in anything since I got married.His son is in total control. I wanted to know where I m standing? In case of his death or not being returned to the country, what are my legal rights. Am I going to be responsible for the company's depths which I don't know nothing about? what about the family home? I cant work due to some chronic health problem and cant get assistance due to his assets and the company. What are my legal options?
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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Your rights with respect to your husband's  business debts depend on whether or not your husband's business is incorporated. If it is, the business is a seperate entity and thus is not your husband's personal property, so whatever financial difficulties it may have has no relfection on you. I assume the business is incorporated because you indicated it has shareholders.  If your husband were to die, a number of things could happen. If your husband has a will, his wishes for the business may be contained in it (as far as whether you become his replacement, a shareholder, etc.). If he does not have a will, any assets he may have left from the business or otherwise, would belong to you 50% and to his children 50%.  You may want to consider having a post-marital agreement put in place. This is a contract that allows you to indicate that any business debts or assets solely belong to your husband for the duration of your marriage. This would make the business affairs your husband's sole and separate property.   
Answered on Aug 21st, 2013 at 12:41 PM

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