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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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My husband and I live in Arizona but are forming the LLC in

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My husband and I live in Arizona but are forming the LLC in Oregon. If one of us is a voting member and one is not - is the non-voting member at more risk because their assets could be sued through the spouse?
Thank you for your question and thank you most kindly for requesting me to assist you again.

That is a good question. Arizona happens to be a 'community property' state where the assets of both spouses regardless of the LLC split is still communal in nature. That means creditors from both sides can still pursue the other spouse for the debts and obligations (if any). Designating one as 'voting' and the other as 'non-voting' will not equalize risk or in any way lower it. While the LLC liabiity would drop for the non-voting member, if the other member is found liable, the assets of both spouses could be pursued through that voting member. I am not sure the non-voting member is in 'more' risk, but in terms of judgments the liability is essentially equal for both parties.

Good luck.
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