When it comes to owning property, the concept of “quasi-community property” can be a bit confusing and intimidating for business owners to understand. Quasi-community property is a legal concept that applies to individuals and businesses living or operating in certain states.
Simply put, it is property or income that is obtained or acquired by either partner in a marriage while living in a state that allows for it, to be divided between them if and when the marriage ends through death or divorce. This concept is typically seen in states such as California, Arizona, Idaho, Nevada, New Mexico, Louisiana, Washington, and Wisconsin.
It is important for business owners to be aware of the law of quasi-community property because it can affect the division of marital property if they are going through a dissolution of marriage. If a business owner is married and owns a business, both the marital assets and the business are subject to division in a divorce.
From a practical standpoint, it is important to recognize that if a business is a quasi-community asset, the other spouse may be entitled to some of the business profits or financial resources if the marriage does not last. A qualified lawyer can advise business owners on how to protect their business interests in a divorce, such as by negotiating an agreement that excludes the business from the property division.
When it comes to quasi-community property, business owners need to learn the nuances of the laws in the relevant state, such as how the property is acquired, the division of property, or the date when it is considered to belong to the community. It is best to consult a lawyer knowledgeable in this area to get the proper advice.