Legal Question in Family Law in Wisconsin

Going into business with other party

My husband is interested in going into business with a woman who is not related to him or I and I don't agree with it. He wants to buy a rental property with her and would be on the mortgage. Do I need to sign anything for this to go through? I don't agree with the arrangement...can this happen without my consent??


Asked on 8/01/05, 11:41 am

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Going into business with other party

Hello,

As with many things, there is a right way and a wrong way to go about them. In this case, the investment could be made in a way that protects your family, but your husband would have to be willing to learn what it is and have the wisdom to do it that way. You are correct that doing it the wrong way (simply putting both names on the deed and mortgage) is not what smart investors do by any means, and it is most likely to lead to problems down the road. Can he do it without your consent? Most likely, yes. However, note that I said "likely." There may be ways to protect yourself, but I would have to know more facts to counsel you on that. The best option is for you to tell your husband that you ran this by a lawyer who says that if you do it, at least do it right -- the way savvy investors do it. And I can advise him of that. If that doesn't work, it would not hurt to pay for an hour of my time to become further educated yourself. It is possible that he might listen to you, if informed, or at least you could see what your options are. I have an office in Appleton if you would like to arrange an appointment. You can call my Fox cities number direct at 984-4529, or email me. Best wishes,

Mark J. Mahoney

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Answered on 8/02/05, 9:08 am


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