L
LexiState
specialUpdated 2026-03-31

Can Husband and Wife Have a Single-Member LLC in Wyoming?

Yes. Wyoming permits spouses to jointly own and operate a single-member LLC. Wyoming's LLC statute requires only one organizer and one member to form an entity (Wyo. Stat. § 17-29-201). A married couple can satisfy this requirement as co-owners of one LLC, with both spouses signing the Articles of Organization and operating as a single legal entity for liability and tax purposes.

Formation Requirements

File Articles of Organization with the Wyoming Secretary of State. The filing fee is $100.00. You can file online through WyoBiz or submit paper documents; online filings process faster than the standard 15 business days for paper submissions (Wyo. Stat. § 17-29-203).

The Articles must include:

  • LLC name
  • Registered agent name and Wyoming office address
  • Principal office address
  • Required email for service of notice

Wyoming does not require member names to appear in public filings, so spouses can maintain privacy regarding ownership (Wyo. Stat. § 17-29-104).

Ownership Structure

When both spouses own the LLC, one spouse is typically designated as the sole member while the other holds an ownership interest documented in the operating agreement. Wyoming is not a community property state, so spousal property rights don't automatically attach to business assets. Both spouses should clarify their intended ownership percentages and management roles in a written operating agreement.

Alternatively, spouses can form a multi-member LLC listing both as members for clearer documentation of joint ownership.

Tax and Liability Protection

A single-member LLC is typically disregarded for federal tax purposes and taxed as a sole proprietorship unless an election is made. If both spouses want partnership taxation, consult a tax professional about filing Form 8832 with the IRS.

Wyoming offers strong charging order protection under Wyo. Stat. § 17-29-503, limiting creditor remedies to charging orders rather than forced asset sales. This shields both spouses' personal assets from business debts and claims.

Next Steps

  1. Choose an LLC name and verify availability
  2. Designate a registered agent with a Wyoming street address
  3. Decide on tax classification (sole proprietorship, S-corp, or partnership)
  4. File Articles of Organization online or by mail ($100 fee)
  5. Obtain an EIN from the IRS if needed
  6. Draft an operating agreement defining ownership, management, and profit distribution

This is general information, not legal advice. Consult a Wyoming business attorney or tax professional for guidance on your specific situation.