Posted by: santoshgiri August 31, 2010
Help. Strange personal situation
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This is a community property (In the US joint property of the family) issue. In the US property acquired during marriage period is deemed to be community property, hence, is split half-half.

However, the court will determine the source of the property in dispute. Here, you have mentioned that the business was her idea where majority of the the investment, tasks and expertise belongs to you.

Court will look into the fact that the Business has flourished because of the community labor (husband and wife's labor). The business is a community property not a separate property, based on your facts.  Hence, The community will reimburse for the cost of labor for both husband and wife and also reimburse the investment amounts (both cash investments or $$ worth intellectual ideas) to the investors. The remaining will be split 1/2 between you.

Hope it helps. Please also note that some states do not follow community property laws.
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