Doral Divorce: When the House Belongs to a Company, Not to You

The first request in any Doral case involving entity-held property should be for the company's paperwork: articles of organization, the operating agreement, the current annual report status, and any documents showing who the members and managers are. Those answer the questions everything else depends on — whether the membership interests are marital, who currently has authority to act, and what has to happen for the company to sell or transfer the property.

Where the operating agreement is missing or was never executed, default statutory rules govern, and your attorney will explain what those mean for management and transfer. Where filings have lapsed, they usually can be brought current, but starting that in month one is far better than discovering it a week before a scheduled closing with a buyer waiting.

There is no obstacle to a company selling property during a divorce, provided the people with authority agree and the documentation is in order. Many couples do exactly that, because it converts an asset neither of them can easily divide into proceeds that can be held or split. The title company handles the entity-level requirements as ordinary work — good standing, authority, and the resolutions to match.

Where the property is tenanted, which much of Doral's inventory is, the sale can proceed with leases in place. The tenancies transfer and the security deposits are accounted for at closing, so nobody has to be given notice and no showings need to be arranged around residents. For owners outside the United States, closings can be completed remotely with mail-away packages or remote notarization, and funds wired.