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Legal, pensions and money

dd share of business

(10 Posts)
Iam64 Fri 10-Oct-14 07:43:21

Here's hoping so seasider smile

seasider Fri 10-Oct-14 01:00:11

Hi Gilly DD would prefer to remain in the business which is doing well and is her job. I have had a long discussion with SIL as has DD and he seems to be coming round to the idea now he is calmer. Still think DD needs to clarify her legal position and protect her interest but maybe it can be sorted amicably.

HollyDaze Thu 09-Oct-14 15:25:17

seasider

It was a very expensive mistake I made (basically trusting him - probably your daughter also trusted her husband to play fair). There's nothing you can do about ownership of the company but you can protect her right to income from it (that, he cannot keep all to himself as it forms part of the assets). You do need to move quickly - don't give him time to start moving assets about that ends up with your daughter needing a forensic accountant (which is what I would have needed) to track them down.

by making her a shareholder

If the husband is the sole, or majority, shareholder, it is unlikely that he would willingly put shares up for sale (and he is under no legal obligation to do so).

gillybob Thu 09-Oct-14 08:53:56

I just wonder if it is necessary for DD to have anything out if the business at all seasider Can things not continue the way they are or have things got too nasty? Perhaps making your DD's position within the company more secure legally, by making her a shareholder might be a better way forward. If the business is successful it would seem pointless to strip it bare when everyone involved could continue to do well out of it. Just a thought.

Iam64 Thu 09-Oct-14 08:39:42

The fact your daughter was married should offer some protection seasider. I'd get some legal advice sooner, rather than later.

seasider Wed 08-Oct-14 21:36:30

Sorry to hear that Hollydaze I suspect she will need a solicitor eventually but it is sad to go down that route.

HollyDaze Wed 08-Oct-14 17:41:09

If she wasn't a shareholder, then she has no legal ownership of the business (a trap I fell into).

I know solicitors are horrendously expensive but if the business is a successful one, then I would advise you find a law firm that understands this type of problem and ask for their advice (many will give a free 30 minute consultation so you have nothing to lose by that).

annodomini Wed 08-Oct-14 09:24:06

I suggest that your DD asks CAB for advice. I'm afraid that the advice will probably be that she needs to have a solicitor to sort out the complications of her financial involvement in the business. Alternatively, mediation might work, but any agreed settlement needs to be rubber stamped by the county court, for her own and the children's future protection.

Liz46 Wed 08-Oct-14 08:21:31

If they have a legal battle over the business, the only winners will be the solicitors. I was divorced from my ex without using solicitors but there wasn't a business involved and the children were adults.

Perhaps someone on the forum may have more practical advice about the legalities of this situation but I think your DD has to keep trying to talk it through in a reasonable manner with your SIL.

seasider Tue 07-Oct-14 23:57:43

DD and husband separated approx six months ago. It was DD's choice. The family home was her husband's before they met so she moved out with DGC. DD will eventually need some sort of settlement but has no wish to take SIL to the cleaners. They also own a business in partnership with one other person. DD does not have her name on the business but works there,helped with the building and is responsible for a lot of the style of the place. I lent them money when setting up,which has been repaid. Her dad who is a builder helped them renovate the place and gave weeks of his time for free. Her brother does the advertising for free. DD also had an inheritance which went into the business. The problem is that SIL seems to think she has no claim on the business. I know that legally she will have and I suspect SIL is behaving this way because he is hurting. DD would like to settle things without involving solicitors if possible and is in no rush but SIL says he cannot move on until things are sorted out.Anybody any experience of a similar situation?