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Ask Clare Your Own Question
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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entitlment to his business

Resolved Question:

am i entitle to  half of my husband business if we divorce

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
What are the assets worth?
Clare
Customer: replied 2 years ago.

we have been together or 24yrs and got married 7yrs ago and have lived apart for 5yrs since we got married.

we have 2 children 23yrs old daughter and 17yrs old son who is special need and I have been his main carer. we do not have any properties apart from the business which he has 30% share. and I have been working there since it was started in 2006 and only receive a salary.

Expert:  Clare replied 2 years ago.
Hi
What type of business is it?
What income do you each have?
Clare
Customer: replied 2 years ago.
It is a day centre for adults with learning difficulties and autism my wages is £12.000 a yrs and he gets £1625 a month plus dividends which can be anything from £150 to £3000 a month sometimes more.
He pays me £300 a month for our son
Expert:  Clare replied 2 years ago.
Hi
Is it a business which can be sold - if so how much is it worth?
Clare
Customer: replied 2 years ago.
No it cannot be sold but his partner who has 70% of the business is ok for him to sign over half of the 30% to me as the divorce settlement which if I am right I would be entitled to,I have been checking online and from what I'm understanding the law says that is what I'm entitled to .is this correct,I also know that his family (dad) has lands in cryprus which he has told friends has been given to him and he lives in the flat that was his dad and he says that he's been given this by his dad.to be fair I don't really want anything else from him apart from the 15% of the business which from begini I have put a lot it by getting new service users in doing all the transitions home visit,school visit etc
Expert:  Clare replied 2 years ago.
Hi
Ok
We do still need to know the value of the business
Where is the flat that you say he lives in?
What does he do in the business?
Clare
Customer: replied 2 years ago.
He's a director of the company and a manager of which he does nothing,the other director is a manager also and he takes care of all the day to day running of the business along with myself as the HR manager .THe flat is above a chip shop in Alexander Palace in North London it's is 2 flats one 3 beds and he lives in the 2 beds currently the 3 beds is being rented out by tenants provided by the local authorities and he lives rent free in the 2 beds.At a rough guess 3/4 of a million
Expert:  Clare replied 2 years ago.
Hi
How are you and your son accommodated?
Clare
Customer: replied 2 years ago.
We live in rented accommodation it's a disabled adapted bungalow to accommodate our son everything in the house was brought by myself
Expert:  Clare replied 2 years ago.
Hi
Would you be happy with half his share of the business - or would it work better if you had his whole share and he withdrew altogether?
Clare
Customer: replied 2 years ago.
Would be happy with half of the business and him paying maintenance of £300 a month for our son
Expert:  Clare replied 2 years ago.
Hi
How extreme are your son's special needs and what benefits is he entitled to?
Clare
Customer: replied 2 years ago.
He suffers with seizures on a daily basis and has learning difficulties and his behaviours can be severely bad where he will lash out at myself. I get disability living allowance and have a mobility car as he cannot walk to far and we have a wheelchair,I have always paid the deposit for the car which is change every 3 yrs
Expert:  Clare replied 2 years ago.
Hi
What will he be entitled to when he is an adult?
Clare
Customer: replied 2 years ago.
I've yet to find out as he will still be in education until he's 25yrs
Expert:  Clare replied 2 years ago.
Hi
My concern about your accepting £300 as "child maintenance" is that could easily be challenged when your son does start to receive his entitlements in due course.
You certainly have a clear claim on at least half of your husband's share of the business - and if you wish to restrict it that then you may beed to consider having the maintenance as spouse maintenance
I hope that this is of assistance - please ask if you need further details
Clare.
Clare and other Family Law Specialists are ready to help you

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