joint names on businesses but cant get a divorce

[valeriej43]

A friend of mine has been separated for a few years from her husband, who has several businesses and properties,which her name is also on, but she gets nothing from them financially, she has been moved by him out of the house she was living in to another property he has, now he has stopped paying the mortgage, and she cant get any help with rent if she has to move again, because on paper she looks quite well off,
He has been fiddling the system by claiming tax credits.according to a letter that went to her address for him,which she opened, she has 3 children which he has never paid a penny towards, the youngest being 16, who has left college, so now she cant get child benefit or tax credits
What i cant understand is why nothing can be done, her solicitor has not done anything to help, she wants a divorce but because of the situation of her name on everything,he told her she cant get a divorce until the finances are sorted out,
I have suggested she change her solicitor,she already owes him £15.000 pounds and he has done nothing
Its a complicated situation, so unless anyone has been through something like this, it might be difficult to give advice,but any appreciated if possible

[wales01man]

Re: joint names on businesses but cant get a divorce

Drastic action i know but why doesnt she go bankrupt with a 15k solicitors debt this may be possible in the bankruptcucy all her own and jointly owned assets will have to be declared the husband would probably not get out of disclosing everything as i first said drastic action but maybe less painful l way of finishing the marriage and business partnership

[CleverClogs]

Re: joint names on businesses but cant get a divorce

he told her she cant get a divorce until the finances are sorted out,

Is he a bailiff?

He's certainly a liar. :rofl:

[labman]

Re: joint names on businesses but cant get a divorce

Your friend is obviously quite naive. She should definitely change solicitor, ideally to one who does something swiftly. She should also report her husband for benefit theft for the tax credits, best done in this case over the phone so she can explain the situation 0800 854 440.

If she also knows he's fiddling taxes she should also report him to the Inland Revenue.

[valeriej43]

Re: joint names on businesses but cant get a divorce

H e is certainly a nasty character, and yes she is naive, would she be able to file for bankruptcy even though she doesnt have any joint bank accounts
She has very little in the way of assets of her own, not even a car, she is working ,but only a part time job, looking for a full time one or another part time one, but very few and far between here,
She is a lovely person, and too nice for her own good, and he controlled her so much that she has very little confidence
I will suggest bankruptcy to her, and a new solicitor, but already told her this one cant be any good,there MUST be a way out
Thank you

[wales01man]

Re: joint names on businesses but cant get a divorce

In the first post it was stated that several businesses and properties wer joint if so she has assets i would change solicitor if he has been told thios and not acted he must be useless surely something in joint names must be registered somewhere Land registry?

[Sapphire]

Re: joint names on businesses but cant get a divorce

Valerie if you pm me the guys business name I'll do a credit search for you and we can see what extent your friends involvement is, I won't post up specifics, but just bits in general, hopefully we can put something together.

[valeriej43]

Re: joint names on businesses but cant get a divorce

Thanks for replies, yes i suppose the joint businesses are assets, i was meaning apart from those
Will pm you Saphire

[teaboy2]

Re: joint names on businesses but cant get a divorce

Hi if your friend has joint ownership or shares in the businesses or is registered as a director/secretary at companies house for the businesses (or both), then she should be getting paid accordlingly. I suspect her husbands is likely defrauding her by not paying her her share of any payments due to her. If he is, then hes committed a criminal offence. You should also tell your friend to report the issue she is having to companies house and to the HMRC, they will likely investigate and visit the business in question to go over the accounts and her husbands personal accounts in minute detail looking for and fully investigating any inconsistencies.

Basically as joint owner (if that is the case in a legal sense) then she should be receiveing the same income from the businesses as her husband receives.

[Sapphire]

Re: joint names on businesses but cant get a divorce

I've looked him up on the details you gave me Valerie, he has had a Limited business but it's been dissolved, he's listed as the only director, so it looks like he was telling your friend some porky pies.
I've also checked out non-limited companies, nothing showing up for him there.
Also done a check on Companies House, nothing there either.
Can you ask your friend what she remembers signing please ?

I think as the others have said your friend needs a new solicitor.

[valeriej43]

Re: joint names on businesses but cant get a divorce

I will be seeing her today i think, soon, so i will ask her, is there nothing about the health food shop,and the other properties, flats etc plus the 2 houses i have mentioned
Did it say what the directorship was, or which firm?

[Sapphire]

Re: joint names on businesses but cant get a divorce

Pming you !

Ok have sent you the details of the business I found. I think you'll find that if he has shops or other small businesses that he is operating as a Sole Trader, which seem to fall under the radar of most credit reports. I think you can find out about his properties via the land registry for a small fee, I have no idea how that works, but I'm sure one of the others on here will be able to help you with that.

[valeriej43]

Re: joint names on businesses but cant get a divorce

According to my son she doesnt remember signing anything, but she keeps getting bills concerning the businesses, for any debt he is in, if he doesnt pay them they come to her
Will try to find out more detail
Can you tell me where you looked Saphire so i can show her, i dont really like asking too many questions, my son has told me most of what i know

[Sapphire]

Re: joint names on businesses but cant get a divorce

Hiya I looked on our Credit facility that we have here in our business, we pay for the service so I can't really let you have access to it.
You can go on the Companies House site and click on Web Check, enter the name of the business I gave you via pm, there is a small bit of detail on there.

If she doesn't remember signing anything, it might be wise for her to contact these people sending her the bills and ask for copies of the agreements that say that she's involved, penny to a pound of poo, we'll find that her signature is not hers if you get my meaning.

[teaboy2]

Re: joint names on businesses but cant get a divorce

Pming you !

Ok have sent you the details of the business I found. I think you'll find that if he has shops or other small businesses that he is operating as a Sole Trader, which seem to fall under the radar of most credit reports. I think you can find out about his properties via the land registry for a small fee, I have no idea how that works, but I'm sure one of the others on here will be able to help you with that.

Depends whether or not the properties are owned by him or rented from a landlord. Must shops in my area are rented from the local estate who is the landlord.
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According to my son she doesnt remember signing anything, but she keeps getting bills concerning the businesses, for any debt he is in, if he doesnt pay them they come to her
Will try to find out more detail
Can you tell me where you looked Saphire so i can show her, i dont really like asking too many questions, my son has told me most of what i know

Sounds like he is taking credit out in her name, which if she was not a guarantor to such loans, etc would amount to fraud, and possibly ID theft by her husband.

What are these debts - Loans, credit card, bank accounts, or rent/utilitie bills?