1997, Survey of the Law of Spousal Rights in Business Property, The Hennepin Lawyer

Contributing Authors Richard A. Saliterman and Ellen E. Barton

Introduction

Spousal interest in business property is an often-neglected topic in both businesses and personal planning.  The determination of spousal rights is important in a wide variety of contexts including but not limited to dissolution of marriage, death of a spouse, creditor rights/bankruptcy, and taxation.  This article will briefly survey the first two contexts, dissolution of marriage and death of a spouse.  Since these events do not normally coincide with the formation of a business, and since there is a tendency to consider business transactions distinct from the marital relationship realm, spousal rights are not thoroughly addressed in either corporate law or dissolution law materials.

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