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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I thought I was a sleeping partner in my husbands company he

Customer Question

i thought I was a sleeping partner in my husbands company he opened up over a year ago . I have just found out that I am a share holder equal as a director and he has been paying a wage to me with NI number of around £800 pm which I have seen nothing off -didnt know i was being paid - he has been putting the money somewhere - where do I stand please and according to companies house I have put down a million pounds!
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Are you registered as a director?
When you say you have put down £1million do you mean you have paid for £1million of shares?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ

yes am registered and didn't know I put down that money - basically I didn't and nor did my husband as we do not have any such capital all we have to my knowledge is the house which is worth half a million

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you
Do you have the company accounts? Does it say the share capital is "Paid Up"?
Did you sign a subscription letter for the shares?
Kind regards
AJ
Customer: replied 2 years ago.

Sorry I have no idea

The company hasn't been going yet for a year so none done - the accounts are due this October

I got the information when I looked up the details from Companies House - this is how I found out that I was a shareholder

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Shareholders in companies have their liability limited to the paid up share capital. In theory just being a shareholder means you are not necessarily at risk. The only issue is if your shares are listed as unpaid to the tune of £1million in the account. This then becomes an issue.
Are you looking for reassurance that you are not on the hook for a debt or something?
Kind regards
AJ
Customer: replied 2 years ago.

Thanks for that AJ

A wage slip has been issued to me with all my correct details, and has been paid into an account, However I have never seen these pay slips to my knowledge there are only 2 or rather i have only seen 2 copies which was by mistake, as my husband left his email open and his accountant sent them over as an attachment.

This money has been banked into an account I again do not know where.

Surly this cannot be legal - him pulling a wage in my name to counter act paying a higher tax rate. I work part time as a teaching assistant gross net £600 pm and I pay tax on those earnings. I thought the tax office had got my code wrong and I was due for a rebate - but no husband was pulling in a wage in my name to line his pockets

What can I do?

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Feasibly you could either:
(1) sue him for the money on the basis that he has been taking money belonging to you and you have been losing the benefit of it;
(2) report it to the tax office and say that some one has been making payments on your behalf affecting your tax code.
The problem with this is both options will cause a break down in your relationship.
Have you asked your husband about this? Does he try and conceal it?
Kind regards
AJ
Customer: replied 2 years ago.

Ha

He has informed me that he is issuing me with divorce papers as he hates the site of me - oh well at least I know where I stand and with that quite frankly after all his sneakiness, now and in the past I am more then happy to go along with it, I have also looked at the company and what I have meant to have put in and it says £ 1.000000 so sorry in by panic with him asking for a divorce and wage slips I read it wrong.

In the divorce proceeding would it be better to bring the issue of sueing him or tax office report as a leaver to secure money for the children and myself as he is very clever at his job!

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I will opt out and refer this to a divorce if that is ok?
Kind regards
AJ
Customer: replied 2 years ago.

which is the best way to go about suing him - can i do this off my own back or do I have to have a solicitor?

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 is the value of the various assets?
Clare