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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111575
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ma'ma, Georgia, My wife has a cleaning business and we are

Customer Question

Ma'ma,
JA: What state are you in? It matters because laws vary by location.
Customer: Georgia
JA: Has anything been filed or reported?
Customer: My wife has a cleaning business and we are going through a divorce. My taxes paid her taxes for business for the first year. Also she used the family car which was in my name, plus paying the car insurance (taxes and tags). Would I be able to get my money back or what is do to me from her? Yes it has be filed
JA: You just pay a $5 deposit now and the rest only when you get a reply from the lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Anything else you want the lawyer to know before I connect you?
Customer: How do I pay ?
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
GA law says all marital property is subject to equitable division upon divorce. If any spouse owns a business and that business was formed during the marriage or marital funds or efforts were used to support that business, that business is presumed to be marital property absent some written agreement to the contrary. So, if you contributed marital funds or even physical efforts or support of the business during the marriage, you are entitled to make a claim for your equitable share of the business, either as ownership rights or monetary rights in that business. So, because you expended marital funds and support of that business, it would likely be deemed a marital asset that would be divided on divorce or you would be entitled to a monetary share of the value of the business based on your equitable distribution amounts, which is presumed to be 50% unless the court determines a different amount is more equitable.
Customer: replied 1 month ago.
Thank you very much. My lawyer was trying to tell I could not ask for anything because she was a one person home business owner.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Even if she is a sole owner, if you contributed marital funds to the business, you have a right to claim the interest in the business at least for those funds.