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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I want to leave a relationship I have been in for almost 3

Customer Question

I want to leave a relationship I have been in for almost 3 years. During this 3 years I have had a child and we have started a new successful restaurant business together. However my name is XXXXX XXXXX the lease or the limited company certificate. We are about to now open 2 new business and the problem has arisen where I am asking (mainly for my own security) to go on to the lease and/or limited company certificate as a director. My partner has refused and that is one of the main reasons I want to leave. We are not married. I have not taken a wage from any business through our relationship and have therefore gotten into debt. he on the other hand has just recently sold another business which I worked in for a substantial sum of money. I have not received anything. I need to know if I leave if I will be entitled to anything and if so and I have to fight how do I get any money?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist you but I need further information in order to do so
What are the various assets worth?
Claire
Customer: replied 3 years ago.

The business we have set up has been valued at £100,000. I am currently working in the restaurant and not taking a wage or receiving any benefit. I have never taken wage or any payments from the company. The previous business which has just been sold for £185,000. Although I was less involved in the running of that as I had a child. 2 other business are not trading and therefore have no value.

Expert:  Clare replied 3 years ago.
Hi
Where do you and the child live?
Claire
Customer: replied 3 years ago.
We all live together in a rented house. Both our names are on the tenancy for that
Expert:  Clare replied 3 years ago.
Hi
Was there any written agreement relating to your interest in the business?
Claire
Customer: replied 3 years ago.
No
Expert:  Clare replied 3 years ago.
Hi
OK.
Is there any evidence of your contribution - will you be able to prove your contribution?
Claire
Customer: replied 3 years ago.
I'm on the license as the designated premises supervisor he has been very careful to leave me off everything. I didn't contribute financially but the initial investment was made from the takings of the other business we were running together.... Before this relationship I was working in a different career. I gave it up to do this with him.
Expert:  Clare replied 3 years ago.
Hi
Just to check there is no free hold property involved?
Were you ever formally engaged?
Claire
Customer: replied 3 years ago.
No freehold and no never engaged. You are probably starting to see why we ae arguing about my name appearing on these 2 future planned businesses. Plenty of local witnesses that I am the one who works in the business x
Expert:  Clare replied 3 years ago.
Hi
Within Family Law you have limited options I am afraid.
The only legislation that would be of any use is Schedule I of the Children Act under which your ex is under a duty to help you house the child until the child is 18 and that could give you the right to a Capital settlement - which may be repayable when the child is 18.
You are also of course entitled to maintenance for the child.
However it may be (please note the MAY) that you can make a claim on the lease under the trusts of Land and Appointment of Trustees Act.
It would be a stretch at best but it could be worth getting face to face advice on it.
If you need further information and clarification please let me know
Claire
Customer: replied 3 years ago.
Ok so are you saying that even though I have had his child the assets which he has acquired whilst we have been together are all his?
Expert:  Clare replied 3 years ago.
Hi
I am so sorry but without a Wedding Ring you have few claims on his assets - those that you have are based on your need to house the child until the child is 18 and a possible claim you may have on the lease
Claire
Customer: replied 3 years ago.
Ok thank you. So I am right to ask for my name on the lease of our future planned businesses? And can you tell me what type of proof would I need to show I have been involved in the business? And what difference would that make? Do you think it is worth speaking to someone I'm business law?
Expert:  Clare replied 3 years ago.
Hi
Yes you are right to ask for your name on the lease, and yes I think you should get some face to face advice on business law as soon as possible as your position is so vulnerable
Claire
Customer: replied 3 years ago.
Thanks. I'm not sure how to approach someone for legal advice when I have no funds of my own. Everything is in he name I have more debt now than before the relationship. Can I get free legal advice. Also can you suggest what proof I can gather of my involvement in the businesses?
Expert:  Clare replied 3 years ago.
Hi
Sadly legal aid is no longer available in cases such as this - but some firms are offering free half hours.
Look for a larger firm with real expertise
So far as proof is concerned the licence is an excellent start
Claire

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