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2 Replies Last post: Jul 12, 2008 12:44 PM by Lighthouse24

LLC OPERATING AGREEMENT

Jul 12, 2008 7:53 AM

Click to view raboliot's profile Start-up raboliot 2 posts since
Jun 23, 2008

The operating agreement of my LLC stipulates that I am the single owner of the company.
But when I filed my tax return, following the advise of my accountant, I listed myself as 50% owner and my wife as 50% owner. To avoid audits...
Now in the middle of an ugly divorce...My wife is claiming 50 % of the company...

Does she have any rights?

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Click to view LUCKIEST's profile SCORE LUCKIEST 8,127 posts since
Aug 6, 2007
1. Re: LLC OPERATING AGREEMENT Jul 12, 2008 11:19 AM
LLC OPERATING AGREEMENT (Do not want to get in the middle)

Talk to your Lawyer
Click to view Lighthouse24's profile Founders Lighthouse24 2,402 posts since
Oct 10, 2007
2. Re: LLC OPERATING AGREEMENT Jul 12, 2008 12:44 PM
Yes, usually (especially if you founded and built the business after you were married, although laws vary by state). As Luckiest advised, it's a matter for an attorney. Not to be insensitive, but chances are, her potential half of the business is just being used currency -- a "negotiating chip" in the settlement. A wise attorney can help you assess what that chip is worth to you, and give you some strategies for how to play the cards you're holding. Good luck.

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