QUESTION

What are the rights of a wife after 7 years of marriage if husband wants a divorce?

Asked on Jun 25th, 2013 on Divorce - Michigan
More details to this question:
They own a restaurant but wife's name is not on title of the business. Does she have any right to the business?
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5 ANSWERS

Title alone is not determinative when property is divided upon dissolution.
Answered on Jun 25th, 2013 at 9:12 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Each party has a right to all assets and debts acquired during the marriage from anything other than inheritance or gift income.
Answered on Jun 25th, 2013 at 9:10 PM

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In Nevada, I would need more facts to answer. If the restaurant was owned before the marriage there may be separate property and community property components. If the restaurant was formed post marriage, it would be community property but it depends on the outstanding obligations owed by the restaurant. It could be an asset or a liability. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
Answered on Jun 25th, 2013 at 9:10 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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Depends. If the restaurant was acquired during the marriage, wife has an interest. If the husband had an interest in the restaurant before the marriage, and his stake did not change during the marriage, wife may not have an interest. The presumption in Nevada is that everything acquired during the marriage, no matter how it is titled or held, is community property subject to equal division. Wife needs to consult with an attorney to get a more clear picture of her rights and responsibilities, and she needs to do this before any divorce action is started.
Answered on Jun 25th, 2013 at 2:04 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, in a divorce the court is not terribly concerned about who a marital asset was titled to.
Answered on Jun 25th, 2013 at 1:26 PM

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