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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 was asked to leave my maritial home in September, then wife

Resolved Question:

I was asked to leave my maritial home in September, then wife just abandoned home in October. We ran a pub together, and I was under the assumption that she would continue to run the pub but she just up and left with out warning, taking furnitures, etc and business accounts and moved in with her partner.....she does not share any information regarding the state of play of the business....I have not idea what is going on with the financial of the business.....I myself and my son are running the pub blindly, she will not give access to the business accounts....she comes in takes the takings and goes....nor has some bills been paid off there more debts are being accumulated without our knowledge....she refuses to have anything to do with the business but refuses to give up the accounts to us.....we have not idea whether business is making any profit or loss.....I would like to know what are her rights since she abandoned the property and the business but refuses to let me have access to the accounts.....she emptied the accounts before she kicked me out....cut me off completely with no money, no home and just living daily at friends' house when possible.....she has even cut my one means of communication - mobile phone.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
May I ask why you are letting her take the takings?
Clare
Customer: replied 2 years ago.

The reason why I continued to let her take the takings is because i trusted her to continue paying the bills as i have been married to her yrs and used to be a very loving mother to our boys. She was paying buisness bills from her personal acccount, when i was asked to leav e in september i froze the business account allthough she had took all the money and put it in her personal account so i could not gain access to money, we have just stopped her from taking any more money, as it now appears she has not been paying the bills and running up hugh arrears, She still refuses to give us access to the acounts and refuses to show me her personal account statement.

It was through trust and her honesty i didn't think to mention or question her. She has also been taking the post last 4 months, including mine, so we have no idea to what is going on.

she is refusing to account money she has been taken. She had given up her right to carry on working at the pub in December, 2014 but continued to take the takings first thing in the mornings before anyone was up and about and leave before anyone would see her.

.

Expert:  Clare replied 2 years ago.

Are you intending to issue Divorce Proceedings?
Clare
Customer: replied 2 years ago.

i am not in a position to issue divorce proceedings, allthough i would like a divorce. i have no money to do this.

Expert:  Clare replied 2 years ago.
Steve
Ok
Are you and your son now taking over the financial dealing of the business - opening new accounts and contacting suppliers
have you ensured that the post d not being redirected?
Clare
Customer: replied 2 years ago.

we are trying, however she has control of accounts, we are inentrsepting mail now. i have not been able to see bank account from september due to her clearing buisness account and putting monies into her pesonnal account, been told i cant see her account which holds buisness monies. feel hands are tied .

we have now stopped her taking the takings but not sure what has been or not been paid. am i still liable bills and debts since september. police say she can take the takings when she wants as it is her buisness as well as mine.

Expert:  Clare replied 2 years ago.

Were the business account sin joint names and do you have up to date statements?
Clare
Customer: replied 2 years ago.

the buisness account is in joint names however she took monies out of that account and opened an account in her name only, ive not had site of those statements or access to the buisness monies she deposits in her account . she withdrew 1000 pounds to open her account.

Expert:  Clare replied 2 years ago.

Your starting point is to take control of the business again.
Open new business accounts in your sole name and arrange the takings to be paid in.
Your previous statements shoudl give you a list of suppliers that you have paid before - so I am afraid that the next step is to contact everyone and ask to date statements so that you can sort your finances out.
Obviously she cannot take the takings off you physically - so make sure that they are held securely in the future before you have a chance to pay them in.
I am afraid you remain liable bills since you are continuing the business
When you are ready to issue divorce proceedings then within the financial negotiations you can make sure that your ex accounts monies removed from the business - and to produce copies of all the relevant bank accounts.
I am sorry I know that you had hoped news but sadly this is the legal position as it stands.
Please ask if you need further details
Clare
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