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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I work with my husband and we have been paid dividends which

Resolved Question:

I work with my husband and we have been paid dividends which he has not paid to me but kept because he wants to buy a new house. He claims we have a pool of money and it does not matter if he holds on to the money or me because when we divorce and split everything I will get half the assets as well as well as half the cash is there any way I can force him to pay my dividends to me?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstAre you actually intending to start divorce proceedings?
Customer: replied 1 year ago.
Yes. He has already started completing the necessary paperwork. He is going to be the petitioner. I have just decided that I want the legal side sorted out first so what we decide is less likely to be thrown out of court.
Expert:  Clare replied 1 year ago.
How much are all the assets worth?
Customer: replied 1 year ago.
Family home worth £600,000 in my husbands sole name mortgage £319,000. Second property in my name worth £350,000 mortgage £203,000. Third property in my husbands sole name worth £270,00 mortgage around £110,000.
Expert:  Clare replied 1 year ago.
How much are the dividends?
Customer: replied 1 year ago.
Well here is the problem because he is the CEO and an account he has decided to keep my dividend lump sum payment as, according to him there is a pool of money, so he can buy his house. He said it was £75,000 but I do not know I saw an accountant today and there are a number of movement of shares that have not been done in the right way. Sorry for the delay thank you for your reply
Expert:  Clare replied 1 year ago.
Is there any reason why you do not wish to be the one in charge of the divorce timetable?
Customer: replied 1 year ago.
I wanted to wait for the normal 2 years and then you do not have to give a reason but for what ever reason he wants to get things over and done with and because I don't want to do it he is asking me to help him come up with reasons he should do to get the divorce.
Expert:  Clare replied 1 year ago.
Have you been to mediation yet?
Customer: replied 1 year ago.
We have had our first session that was where my first question came from around the company IP and whether he could just set up another company so he could avoid paying me dividends
Expert:  Clare replied 1 year ago.
If he wants an immediate divorce then the best way would be for him to pay the fee and for you to divorce him based on his Unreasonable Behaviour - he has certainly given you enough cause to do soThis would give you control over the timetable and allow you to force the financial issues if need beThe only way that you can force him to give you the money that you are owed is within the financial side of the divorce proceedings which is why you need to have that controlPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you for your help at this time I do not require any more info
Expert:  Clare replied 1 year ago.
You are welcome - I hope all goes well
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