Unique Situation

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msbiz

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My husband & I separated in Sept. 2007 but neither have filed for a divorce. We live in Texas, a community property state. I am getting ready to start my own company....have finally found someone who will back me financially in exchange for stock....they state we should Inc. in state of Delaware.
My question is this: Since this new company is being created "after" my husband and I separated in Sept.....will he be able to claim any interest in it? Or would it be necessary to have already filed for divorce with the court before my filing articles of inc. with the state of Delaware....or worst yet, will he be able to claim interest in my company up until the date the divorce is final? Basically, once separated, at what point does TX cease to practice community property? Thank you.
 
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