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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have been married 15 years and have 2 children aged 13 and

Customer Question

i have been married 15 years and have 2 children aged 13 and 11. The younger child has been diognised with autism at the age of 2 and half years of age. My husband bought a business on lease with his family. There are 4 partners in this business both his parents, him and his brother. Me and my husband have and are having loads of arguments specially since i have found out the money we had saved is no longer. he had to put it back into the business. The only assets we have are a family car and his commercial van. How do I stand financilly as i no longer want to be with him
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.
Who owns the family home?
how much is his interest in the business worth?
What income do you each have?
Clare
Customer: replied 2 years ago.

The family home we live in came with shop, so its on lease. The business has 4 partners which are my mother and farther in law, husband and his brother. Even though they are named on the business its me and my husband that run it. i have no idea what income he gets out of this business but i get £400 each month. I am from an asian backround where my inlaws and husband believe the wife does not need to know the running of the business. Plus i have the younger child who has autism and untill a couple of years ago was very demanding.

Expert:  Clare replied 2 years ago.
Hi
How much did the lease cost - and how much is the business worth?
Clare
Customer: replied 2 years ago.

i think think the lease cost around £160,000. i think the business would be worth about £300,00

Expert:  Clare replied 2 years ago.
Hi
how much did your husband pay?
Clare
Customer: replied 2 years ago.

as far as im aware he put no money into the business but has been running the business for the last 8 years and has taken no salary.

From what i am aware they put up the money and we would run it. At the time when him and his family were deciding this, me and my husband were seperated. The business was meant to be a starting point for their son to take responsibilty and a new beginning for us. I and my kids then moved from Berkshire to Kent.

Customer: replied 2 years ago.

Also my understanding was that he would pay back his parents in instalments. He told me that he has paid his parents about £40,000 and when i asked the inlaws they said he has only given them £18,000 back in 2009 and hasnt paid anything since. I asked him this and he replied his dad hasnt got a good memory but has paid this. Im trying to secure a future for me and my family but i am unable to do this as i am not getting any right answers from either of them. i also know that there is no written account of these payments.

Expert:  Clare replied 2 years ago.
Hi
Whose name is on the lease?
Clare
Customer: replied 2 years ago.

both the parents names, brother in law and husband.


 


Clare where are u based. I mean the time of your replies are different from mine. I am in England.


 

Expert:  Clare replied 2 years ago.
Hi Nikki
I am in the East Midlands but the site is based in the States - hence the timing oddity.
Could the Business be sold as a going concern?
Clare
Customer: replied 2 years ago.

i dont know if they would want to sell the business. It could be a possibilty. i have put this to the husband that if the business is not doing so well (which he has told me for the last 5 years due to the market) lets sell up. He advised he does not want to do this as we have no home or jobs to go to. He said by the time we pay the money to the people that he borrowed we will have no money to purchase a house.

Expert:  Clare replied 2 years ago.
Hi
How much would you need to rehouse yourself and the children?
Clare
Customer: replied 2 years ago.

house prices here are around £300,000 plus


 

Customer: replied 2 years ago.

Hi Claire,


 


Are u still online ??

Expert:  Clare replied 2 years ago.
Hi
Do you have any earning capacity aside from what you are currently doing
Clare
Customer: replied 2 years ago.

i get careers allowance which is about £60.00 a week for looking after my younger son

Expert:  Clare replied 2 years ago.
Hi
Could you work at all?
Clare
Customer: replied 2 years ago.

yes i can work

Expert:  Clare replied 2 years ago.
Hi
What is your earning potential?
Clare
Customer: replied 2 years ago.

probley aroung £16,000 to £18,000 per annum

Expert:  Clare replied 2 years ago.
Hi
Are you ready to start divorce proceedings?
Clare
Customer: replied 2 years ago.

No. I am scared as i have very little money to support me and my children and no where to go. I have spoken to him and his parents stating we need to sit down and talk as a family to find a solution. this was 4 weeks ago and to date i have not heard from them.


From this talk i will tell them that i no longer can carry on in this marriage as the trust is not there and that in order this as a minimal effect on the children i need their help in purchasing a mortgage/property so that me and children have some sort of security.


Will they help me i have no idea ???


This is also why i need to know how the law will help me and my children should this talk not happen or if it does and we fail to come to a solution.

Expert:  Clare replied 2 years ago.
Hi
The only way that you can force the issue - and obtain all the financial information - if your ex will not negotiate - is within the financial side of divorce proceedings.
From what you have said it is clear that your husband has a financial interest in the business - which means that you have a claim on half of his share
The priority for the court will be the safe and secure housing of the children and if that means you receiving more than half then that is what will happen
You shoudl try and discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk) but of that fails Divorce Proceedings may be your only way forward
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your help. It has put my mind at peace. Should this talk fail i have another option that i can go down. I no longer require your service at this present moment. thank you again

Expert:  Clare replied 2 years ago.
Hi
You are welcome - I hope all goes well
Clare
Customer: replied 2 years ago.

Hi Clare,


 


I have noticed from my bank statements that i have been charged £37.00 for Just Answer membership which i did not want.


 


Please can you have this amount credited back on to my credit card, details of which you already have.


 


Many thanks.


 


Nikki.

Expert:  Clare replied 2 years ago.
Hi
I shall ask Customer Services to contact you
Clare

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