The process begins like any other divorce and both the business and the house are treated as assets of the marriage, what's called "marital property." The goal of the divorce is to equitably (not EQUALLY, equitably) divide the marital property the unwind the divorce as best as possible.
The complication with going concerns as part of the marital property is that every asset has really only three options. 1) Buy the other out; 2) Sell the asset and split the equity/profit; 3) continue to jointly own the asset as individuals. Of the three, courts prefer the first two options and really dislike the third option.
However, at the end of the day the court is just looking to come to an equitable conclusion. If you and your spouse can come to an agreement as to how you will split (or not split) the marital assets the court will likely approve it.
Answered on Apr 27th, 2020 at 5:14 AM