The Quitmeier Law Firm of Kansas City

A full-service law firm serving the Kansas City Greater Metropolitan Area. Our clients come first.

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    • William M. Quitmeier
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Is Your Home Business Compliant with Zoning Laws?

Have you ever checked your local county or city clerk’s office to review your area’s zoning laws? Most people haven’t ever done so, but if you run a business out of your home it’s important that you know the local zoning laws. If your business is not in compliance, you could be put out of business.

Most communities establish zones or boundaries for commercial businesses, such as stores, and they also have set areas for residences. Local zoning ordinances may prohibit businesses from operating in certain residential areas. However, other ordinances may permit certain home-based businesses as long as the house is primarily used for residential purposes and the commercial activities don’t affect neighbors or the neighborhood.

If you are considering starting a home-based business or are already operating one, here are some tips to make sure you are compliant with local zoning laws:

  • Obtain a copy of the local zoning ordinances from your city or county clerk’s office
  • Obtain a copy of the covenants, conditions, and restrictions (CC&Rs) for your subdivision or condominium. Your community may have rules regarding property use for home-based businesses. Often, these rules are more strictly enforced than the county or city zoning ordinances.
  • Consult with an experienced real estate attorney to help you understand the ordinances, rules and their restrictions
  • Don’t call the clerk’s office or the community association yourself requesting clarification or giving lots of details about your business, or you may find your business suddenly under investigation

If you have received a negative decision from your local planning board that your home business is not in compliance and must be shut down, an experienced Kansas City real estate attorney can help you appeal that decision. Our law firm can also help you interpret your local zoning ordinances and CC&Rs to ensure your compliance and help protect your business. Contact us. 

Filed Under: Business and Corporate, Real Estate Tagged With: business, real estate, zoning

Protecting Your Business During a Divorce

You’ve invested endless energy and money into your business, and now you fear that your spouse will take your life’s work away from you. Whether you own your business independently or jointly with your spouse, now that you have made the decision to divorce, you need to take steps to protect your business.

The divorce of a business owner can lead to uncertainty and instability in a business. For businesses owned by married couples, divorce can be destructive to the business if both spouses are vital to its operation and can no longer work together. However, even the non-owner spouse of a business owner may have rights in a divorce that can be damaging to the business.

Many business owners have no plan in place for their business in the event of a divorce. Planning ahead of time by having a prenuptial agreement is the best way to avoid uncertainty in the event of divorce.

However, even if you have no prenuptial agreement, there still are steps you can take to protect your business:

Obtain a favorable valuation: Arrange for a business valuation on your own. Valuations often vary widely, so you should find one that favors you.

Reduce your spouse’s role: If your spouse is working for the business, take steps to reduce their role and make their efforts seem unimportant to the business.

Pay yourself a competitive salary: Business owners often take a reduced salary in order to grow the business. If a divorce is imminent, this will cause the value of the business to seem higher and therefore your spouse’s share will be higher.

Employ creative methods to pay off your spouse’s share: You may be able to keep the entire business if you are willing to give up other assets like retirement accounts and the family home. If you need to buy out your spouse’s share of the business, you could arrange for monthly payments over time from the business’s profit or from a bank loan.

Consulting an experienced Missouri divorce attorney will help you protect your business through even the most difficult of divorces.

Filed Under: Business and Corporate, Family and Divorce Tagged With: business, division of property, divorce, prenuptial agreement, separate property

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Easy Access I-29/Tiffany Springs exit

The Quitmeier Law Firm. Serving Platte, Clay and Jackson Counties with integrity.

Conveniently located just off I-29 at the Tiffany Springs exit.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Use of the web site does not create an attorney-client relationship.