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Fraud on a business lease during divorce?

(7 Posts)
Lightbulbs100 Mon 25-Nov-19 12:37:43

Hi everyone,

My divorce came through in September this year however financial consent orders were never resolved and still outstanding. Me and my ex wife have a lease on a fast food takeaway in our names. The lease was purchased for us by her father as a wedding gift.

During the divorce, I instructed my solicitor to let my wife have full ownership of the business and that I agreed to have my name removed if she agreed to a divorce and a clean break. There was a lot of stalling on her part and in fact the divorce came through before the financial consent order was agreed.

Since the divorce, over the past few months I have been communicating with my ex wife, she explained she wanted us to try again.

Recently she told me that the lease was no longer in our names of March of this year. She explained she could not keep up with the lease rent and the landlord had taken the lease off us. I asked who the lease belonged to? She said her dad purchased the lease from the landlord (who are family friends) for £0 as the landlord knew her father originally paid the full amount.

My question is; as a joint lease hold owner would I have not been informed of this? Would I have not had to sign any legal paper work? Does this have a negative impact on my credit?

If what my ex wife is telling me is true then I believe this is fraud as she removed my name by citing we couldn’t pay the rent. She has taken it off both of our names so I wouldn’t be able to go through a full financial disclosure to take legally what is half of mine.

Any thoughts?

OP’s posts: |
FAQs Mon 25-Nov-19 12:41:17

Do you mean assigned the lease? Or an early surrender and settlement?

Clangus00 Mon 25-Nov-19 12:43:22

You wanted off, you’re off?
Am I missing something major? Why would this affect your credit if you haven’t noticed since March?

Lightbulbs100 Mon 25-Nov-19 12:44:04

My ex said she defaulted in the rent and the landlord who is a family friend agreed to her father being the new lease holder. So I’m assuming mine and her names were removed by the landlord

OP’s posts: |
Lightbulbs100 Mon 25-Nov-19 12:47:34

At first I agreed to let her have it back, the legal way clean and documented. However she refused as earlier this year my name was illegally removed without me knowing. That’s my issue, that is fraud

OP’s posts: |
FAQs Mon 25-Nov-19 14:58:51

You’re not making a lot of sense but in any case. If the lease was in the company name with personal guarantees and the rent was defaulted on. The landlord after usually 14 days has a right or re-entry and can potentially make a personal claim. It doesn’t sound as though that has happened. You haven’t a suffered financial loss personally, presume you’ve completed a credit check in yourself? I can’t see any fraud from what you have said but speak to a solicitor if you’re unsure. You might have had to sign a surrender but it’s unclear.

Racmactac Mon 25-Nov-19 17:25:53

Does the consent order say you are to be removed ?
Then you've been removed.

If you did this without financial disclosure then it's your own fault. I'm sure solicitor advised you to go down route of financial disclosure??

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