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The main issue I need researched, and need supporting case law, is on the treatment of LLCs as marital property for purposes of equitable distribution.
The main issue I need researched, and need supporting case law, is on the treatment of LLCs as marital property for purposes of equitable distribution. Here are the necessary facts for the matter:
- There are two homes and one vacant lot in Florida that are owned by one LLC.
- Nick, our client Sarah's husband, is the sole member of the LLC.
- Sarah is one of three managers (Nick is one of the others) of the LLC.
- Sarah has been primarily responsible for all actions leading to the purchase of the properties (i.e. contact with realtor, viewing the homes, signing agreements of sale and related docs, etc...).
- Sarah is also the primary contact for the real estate manager and handles all aspects of maintenance, upkeep, etc. relating to the Florida homes.
- The LLC was formed during marriage.
- The LLC purchased the homes with funds from one of many trusts in which Nickis the primary beneficiary.
Ideally, I want the LLC and all of the property it owns, to be marital property. Find some case law supporting our position.
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