If I own a few rental properties but get.divorced, are my properties secure?
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If I own a few rental properties but get.divorced, are my properties secure?
If I put my properties under an LLC, would they be as secure from loss from a divorce settlement?
Asked on February 8, 2015 under Family Law, California
Answers:
Bruce Provda / Provda Law Firm
Answered 10 years ago | Contributor
In a state like California, this would all depend on when you bought the properties. If they were purchased during the marriage they would be community property and divided by 50%. If you owned them in your name alone prior to marrriage, there could be some argument that they would not become part of the assets. You need to consult a local attorney on this.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Your state is a community property state: if you purchased the properties while married, your spouse already essentially "owns" 50% of them (they would be community property). Putting them under an LLC now would not help; you cannot alienate your spouse's interest.
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