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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own a shop property outright in my name, my wife who I am

Customer Question

I own a shop property outright in my name, my wife who I am divorcing (decree nisi in place) is trading from the property. I am a partner in the business. My wife is disposing of stock without sharing profits or paying any rent on the premises and has locked me out of my property. I believe there may be unlawful action taking place and wish to enter my property and place under lock and key all the remaining stock 50% of which is mine until our financial dispute re the stock and all other assets is resolved to prevent her completely disposing of all the stock. How do I go about getting my property back and preventing her from further access until a resolution is reached? There's no lease or tenancy involved.
Submitted: 2 years ago.
Category: 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.
Do you mean that she is selling for less than the stock is worth?
Clare
Customer: replied 2 years ago.

Hi Clare, I know she is selling stock without putting it through the books claiming it to be her own business, this is another issue being dealt with via our accountant and solicitors. 2 years ago we insured our stock for £500,000, we have never done a stock take due to the huge amount of stock we had. 1 year ago she claimed is was only worth £130,000 but insured it in Nov for £275,000, last week she told us it is only worth £50,000. This is a very complicated issue all around and what I need to know is how to get back into my premises to secure the stock without getting assaulted, harassed or there being a breach of the peace

Expert:  Clare replied 2 years ago.
Hi
It is not quite that simple - what sort of business are we talking about?
Clare
Customer: replied 2 years ago.

Saddlery


everything for horse and rider

Expert:  Clare replied 2 years ago.
Hi
For clarity - she is operating the business (without you) and you wish to close it?
Clare
Customer: replied 2 years ago.

I would think that would be the outcome, although I would also be happy for her to continue if she bought me out.

Expert:  Clare replied 2 years ago.
Hi
How far has the financial application reached?
Clare
Customer: replied 2 years ago.

Had our first hearing last year and since then every one keeps getting put back and put back with the o/s not answering our questions and us having to keep making new orders for our questions to be answered in the meantime my wife has made our son a partner in the business in my place and changed the name of the business before the partnership has been dissolved....I've paid for a barrister today to have a look at if we can get the assets seized before it leaves me with nothing.

Expert:  Clare replied 2 years ago.
Hi
In fact as an owner of the premises you are entitled to return to the property whenever you wish - breaking in if necessary in order to stock take
However it is highly unlikely that the court will grant an Order which will effectively close an ongoing business
Nor is it actually in your interests to do so since there is more value in an Ongoing Concern than there is in a closed one
Whether the name has been changed or not the business is a Matrimonial asset and her trading accounts will be available to you via the courts.
What you should be able to get an Order for is a detailed Stock taking by an Independent Stock Taker and I am surprised that your Solicitor has not already asked for this
Equally given that you refer to persistent failure to respond you should be having Penal Notices attached to the Orders and an application to commit to prison should be made when one is breached so that your ex realises that she can no longer delay matters
i am sorry - I know this was not what you wished to hear - but it is a realistic reflection of the approach the court is likely to take based on the limited information you can give
Clare

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