Thank you for your online question.
To get to the heart of your inquiry, if you are looking to divorce you should understand that as a general rule the business is a marital asset along with all of the other properties - real estate and personal properties - acquired during the marriage by either one of you with some exceptions. Whether it is in “his name” or not, the business may be marital. The lease is a business asset as well and will figure into the valuation of the business. You also asked if it is “illegal” for you to go work, presumably at the business. If it is owned by your business then you will need his hiring of you to render you an employee of the business. Otherwise, no. The other question asked if you can “take something out” (presumably money). If you are not an owner of the business or an authorized signatory on the business’s accounts you cannot take out money belonging to the business without your husband, as owner, giving you permission to do so. Strictly speaking, taking money without permission may be theft. If you file for divorce and need money, ask your attorney to have you receive temporary support from your husband during the pendency of your case.
With questions such as these, you will need the assistance of an experienced family law attorney to advise you. Good luck!
Answered on Jan 17th, 2021 at 6:23 PM