How to Legally Protect Your Home If Your Business Is Sued

Before starting up, it's important to set up protections for your personal assets, including your home. Here, attorney Mark Kohler explains.

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By Mark J. Kohler

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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.

Mark J. Kohler

Entrepreneur Leadership Network VIP

Author, Attorney and CPA

Mark J. Kohler is a CPA, attorney, co-host of the podcasts Main Street Business and Directed IRA Podcast and a senior partner at both the law firm KKOS Lawyers and the accounting firm K&E CPAs. He is also a co-founder of Directed IRA Trust Company. He is the author of The Tax and Legal Playbook, 2nd Edition and The Business Owner's Guide to Financial Freedom.

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