Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

In a divorce, does community property always get granted…

In a divorce, does community...
In a divorce, does community property always get granted when it’s a business that was started with no help or financial help from the spouse?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
1/12/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,268
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A business started during the marriage is community property, regardless of whether both spouses contributed to it. There is an exception if the business was founded using only assets owned by the spouse before the marriage, and those assets were never combined with marital funds. Otherwise, the judge is only looking at when the business was started, not what either spouse put into it.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent service. Otherwise, please rate my answer positively so I get credit for the time spent speaking with you today. Mobile users may have to scroll to the right. Thank you.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
I️ have a promissory note from a family member who let me borrow the funds to start the business. That’s the only money I️ used to start it and paid it back with money made from the business.

If the loan was clearly made only to you, and the money never went into a joint bank account, you can argue that the business is your separate property.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
It was so long ago I’m not sure if I️ can get records to prove the money was deposited into the bank and we paid a supplier to order merchandise
Customer reply replied 8 months ago
The loan was given to us in cash and paid back with a business check if I’m not mistaken
Customer reply replied 8 months ago
Will banks still have record of statements from about 9 yrs ago

The burden would be on the person claiming that an asset isn't community property to prove why it's separate. The only way to get the judge to side with you is to get evidence showing that the loan was only to you and not to the marriage as a whole. It might help if the relative who loaned you the money would sign an affidavit (and testify at trial if necessary).

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Ok, I️ have a promissory note but I’m sure he would be willing to sign an affidavit and even testify

That will help.

Ask Your Own Family Law Question

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
I️ will thank you!!!

Thank you! Have a good weekend.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,268
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
You too!!
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,268
32,268 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I live in a community property state, Texas, and I have been
Hello, I live in a community property state, Texas, and I have been married for 8 years and a male age 47 . Wanted to get some legal advice as to what would considered community and separate property? I purchased my house nearly one year before marriage which is on of my biggest investments although I created a business that I really on for finances shortly after marriage? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
Married couple split, can spouse A claim the shares of
Hello, Married couple split, can spouse A claim the shares of his/her spouse B, Spouse B has inheritance from his family , spouse B family did'nt split the inheritance to the whole family Does spouse … read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
Hypothetical: I am married to a successful person,
Hypothetical: I am married to a successful person, unfortunately he is different with me than with others. It is so disrespectful and negative - I have started a business, am essentially retired early… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Im going to devorce court and i didnt realize that mediation
im going to devorce court and i didnt realize that mediation would of just settled the matter so i declined it . now i have to go to trial this april. my wife wants me to give her 2500.00 dollars that… read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
I am married for 5 years I found out he is married in
I am married for 5 years I found out he is married in another country I want to know if Ian still married until I null the marriage … read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
I am separated from my husband, and I am about to retire. Is
I am separated from my husband, and I am about to retire. Is he entitled to receive my retirement when we divorce? … read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
Soon to file for divorce in Texas and wondering how assets
Soon to file for divorce in Texas and wondering how assets are typically split. I own a business with equity, two homes with equity and a retirement account that cannot be accessed until retirement...… read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
I'm in the middle of a divorce. We are almost finished with
Hi, I'm in the middle of a divorce. We are almost finished with mediation and my husband has been and is becoming more uncooperative. He is VERY apathetic about the whole thing. He is now refusing to … read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
My fiance owns a business. We were discussing it, and should
My fiance owns a business. We were discussing it, and should we get a divorced, he would like to protect his business from my becoming part-owner. He does not wish to keep the income of the business f… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
15,475 satisfied customers
I am about to file for divorce from my husband of 7 years.
I am about to file for divorce from my husband of 7 years. We have 3 children together, ages 1, 3 and 4. Can you give me an idea of what he will be obligated to pay me in child support if I have physi… read more
Ray
Ray
Lawyer
Doctoral Degree
46,989 satisfied customers
I am currently in the last stages of divorce, however, I
I am currently in the last stages of divorce, however, I want to try one last time with her to see if we can turn things around together. I sent out a request to the judge handling the case, asking th… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,562 satisfied customers
My son is planning to marry a female from Ecuador in the
My son is planning to marry a female from Ecuador in the next four months. She is coming here on a fiance (K-1) visa in the middle of October. He presently own a house, a business and will inherit the… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I am being sued for divorce and both our credit is horrible
I am being sued for divorce and both our credit is horrible because he quit paying the charge cards and loans. Can I ask for enough alimony for the loan payment and utilities and other living expense … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
if someone is getting a divorce and they own 50% of a business,
if someone is getting a divorce and they own 50% of a business, can their husband exercise his right to half of that community property and sit on the board during the divorce to make sure his best in… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I just received divorse papers from my husbands attorney, I
I just received divorse papers from my husbands attorney, I can not afford to hire one. I am a soon to be mother of thre boys 10, 13, & 16, from a previous relationship. I do have medical bills that w… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Is Wyo a common law or community property state? What are
Is Wyo a common law or community property state? What are the rights of the spouse to a portion of inheritance?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My husband just received his inheritance after his mothers
My husband just received his inheritance after his mother's passing in August 2011. Unbeknownst to me, he put it in some kind of "account', same bank as our business that he recently opened (he's been… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
Possible divorce- Purchased 4th home B/4 married currently
Possible divorce- ?? Purchased 4th home B/4 married currently no equity 401K less than marriage occured no children no co-mingled funds no name change spouse had record of domestic violence Want a cle… read more
Tina
Tina
Doctoral Degree
83 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x