Contributing Authors Richard A. Saliterman and Ellen E. Barton
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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1997, Survey of the Law of Spousal Rights in Business Property, The Hennepin Lawyer PDF