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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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Dear Sir or Madam, I am in dire need of some legal advice! After

Customer Question

Dear Sir or Madam,
I am in dire need of some legal advice!

After 14 years my partner (we were not married) left me out of the blue.
1.) We own 2 businesses together, in one I am a legal director in the other I am a full partner (with a major investment), although there was never a legally binding partnership agreement.
2.) He moved in with someone else (in Germany) and is now spending money that does not belong to him as it is investment money from a 3rd party.
3.) He has spent all my income over the summer and as I am (amongst other things) a self employed tourist guide, no money will come in to support me, other than what he is providing till the start of the season, which is in April .
4.) When he moved in to my house 14 years ago, I had a mortgage of £20 K and no debts to speak of. As I was furthering his dreams over the years, I re-mortgaged my house up to the rafters and he is the 2nd owner now. I can not afford the high mortgage on my own.
5.) As, due to my job, I am away a lot over the summer, I (stupidly) left all my financial dealings with him and due to his negligence, I now have a CCJ hanging over me.
6.) I have considered declaring bankruptcy, however, in the 2nd business there are 2 other investors involved I do not wish to let down.

Is there a possibility, similar to a divorce procedures, that he will have to repay for the debts he has caused in the past years and if not, how can I safeguarded the investments of my friends, even if I have to sell my house and declare bankruptcy.

Yours sincerely XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

There are a couple of remedies open to you here. Whether you have to use one or both of these depends whether the potential claim against him arises from your businesses or the personal relationship or both.

Can you have a think about that point and respond to me?
Customer: replied 2 years ago.

I suppose it is a mixture of both!


 


In our relationship, I have always earned more money than he did and he was happy to spend my money for his gains (credits etc. although some have gone on my account as he didn’t have enough earnings, credits etc.) As for our travel company, this was based largely on my contacts, which I have accumulated over the years. Other than accounts, he has done very little with regards to running the company. Tour preparations, hotel bookings etc. this was always my part of the deal. Although he went out and got some contacts in, the largest contracts are due to my involvement, and I can prove this in writing if necessary. I have also introduced him back in to the tourism business, trained him to be a guide, to be able to earn a living.


 


As part of my trade is an independent tourist guide, which means I am away a lot in summer, I left my financial dealings with him and due to his “inaction” he managed to get a CCJ on me.


 


I re-mortgaged my house (with him as a joint owner now) in order to establish another business, called UTOP Property Development. We re-furbished the property he owned for sale, which we did and bought (together with the Bank and another investor) another property to refurbish and sell. Sadly the financial downturn hit us and I have been paying for this disaster ever since and gotten deeper in to dept.


 


Just before Christmas we got another investor on board, to help us to finish the project, he decided to leave, without notice (other than an e-mail that he left me and had already moved in with someone else, another e-mail) he is now withdrawing large sums of money from the account, money that does not belong to him.


 


Our agreement, when we lived together was as follows, my income was to be used to pay for the outgoings in summer and his income (as the period was shorter and he didn’t have that much) was to be used in winter.


 


With the joint income of our Travel Company (UTOP Travel Ltd.) we would bridge the gap!


 


I would like to know, if it is possible to get him contractually to agree, that


1.) He will have to maintain my status quo. E.g. keep paying so I wont loose my house.


 


2.) If I should decide to draw out of all the business ventures I can transfer my holdings both of UTOP Travel and UTOP Property to 3rd parties e.g our investors, as they are dear friends and I do not want to let them down.


 


I am looking forward to your advice and remain


Yours sincerely


Uta Tweedie

Expert:  JGM replied 2 years ago.
Of both you and he agree to what you suggest then yes it will be possible to have a contract drawn up to that effect.

However, if he doesn't agree you will have to take immediate steps to protect your position including putting money outwith his reach, including dissolving the businesses and possible a claim by you for recompense for financial disadvantage suffered by you during the relationship as a result of which he has gained an advantage. See section 28 of the a Family Law (Scotland) Act 2006 in this connection.

Happy to discuss further but you should really see a solicitor face to face sooner rather than later given the potentially complex issues here including the mix of personal and business interests.

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