How to Legally Protect Your Home If Your Business Is Sued

By Mark J. Kohler May 07, 2012

Opinions expressed by Entrepreneur contributors are their own.

Of all the personal assets to protect in case your business gets sued, your house should be among the most important. Here, attorney Mark Kohler offers five legal factors to keep in mind:

1. Make sure you’re operating your business as a proper legal entity.
2. Be mindful of any personal guarantees you sign on behalf of your business.
3. Familiarize yourself with the homestead exemption in your state. It could help protect your home.
4. Also know the “tenancy by the entirety” rule. In about 20 states, it says that no matter what happens to your business, you can’t lose your home if you are married, he says.
5. If you have a considerable amount of equity in your home, consider an equity-stripping strategy to protect it.

Of all the personal assets to protect in case your business gets sued, your house should be among the most important. Here, attorney Mark Kohler offers five legal factors to keep in mind:

1. Make sure you’re operating your business as a proper legal entity.
2. Be mindful of any personal guarantees you sign on behalf of your business.
3. Familiarize yourself with the homestead exemption in your state. It could help protect your home.
4. Also know the “tenancy by the entirety” rule. In about 20 states, it says that no matter what happens to your business, you can’t lose your home if you are married, he says.
5. If you have a considerable amount of equity in your home, consider an equity-stripping strategy to protect it.

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Mark J. Kohler

Author, Attorney and CPA at Mark J. Kohler, CPA, JD, PC
Entrepreneur Leadership Network® VIP
Mark Kohler, M.PR.A., C.P.A., J.D., is a highly respected Founding and Senior Partner at KKOS Lawyers, specializing in tax, legal, wealth, estate, and asset protection planning. With a reputation as a YouTube personality, best-selling author, and national speaker, Kohler is dedicated to guiding clients through complex legal and financial landscapes to achieve their American Dream....

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