Sued - advice pls

[suedandscrewed]

name changed.

my DH could possible be sued by a large home developer. He entered into a contract with them and he and the other investors were not able to fulfill the contract. He was a minority partner but he is being held equally liable which sounds wrong to me but may be legally correct?

He completed a payment plan with them which ended a couple of years ago, and the other partners were paying back larger amounts however they have stopped and declared themselves devoid of assets.

I want to know, if he is sued can they force an order to sell our home? We live here with our children. The house is currently in his name alone - can he transfer the property to me or will they deem that deprivation of assets somehow?

So so worried for my children and their future.

Has he paid back all he owed?

Does he still have the contract, copies of the pay,ent plan and evidence of payments?

Sounds like he's been shafted. He needs to get all his paperwork and contracts in order and see a solicitor (who works in this field). Sorry op the stress for you both must be unbearable. I can't offer legal advice, but bumping this for you. And wishing you all the best and keeping everything crossed it all works out okay.

It depends on the terms of the contract (the repayment plan) and potentially other documents that he agreed with them

Does he say anywhere that the partners are jointly and severally liable?

Seek legal advice and look out every single piece of paperwork regarding this.

He had a payment plan with them which ended back in 2018 - I don’t know the ins and outs of how they agreed it but it ended with him having paid what was agreed. The others have breached their payment plan and now they are coming after him again. I don’t know why but he thinks they have a case even though his agreement ended because he was part of a trust

I think he does have copies but the maybe nature of the trust means he is equally liable for the full amount

Thank you, we had 5 years of hell with this with him not telling me what was going on, but feeling like a lamb led to slaughter as I knew something serious was up. I just want to know about the house now as it’s all we have

He has the lawyer who dealt with this for him last time who on first look seems to think they have a case to come back for more.

thank you the advice to get all documents together is a good one, my DH is so absent minded at the best of times, he needs help thinking this stuff through

Def he was shafted by his partners who would have had the benefit of the larger share but my DH is taking equal liability for the loss which doesn’t sound right - I’m also wondering if it’s possible to contest that basis as it’s inherently unfair

perhaps if they did sue him the court would rule it unfair as he did complete his payment plan? Clutching at straws here

A joint and several liability clause is pretty standard when there’s more than one party paying. If it goes to court, it won’t matter that he’s paid his share. They’ll go after whoever has enough money to complete the payment. Have the others declared themselves bankrupt?

He really needs specialist legal advice.

He is taking advice but I’m just wondering if there’s any angle we haven’t thought of. For instance can we contest the joint liability if there was verbal (email) assurance that he wouldn’t be liable for the whole/more than he had invested

one of the partners is overseas so I’m not sure how that works and the other one has said he has no assets for them to come after but not sure about bankruptcy

my DH was the small fish here which is why they were happy to do a limited payment plan with him, I don’t know why they are coming after him again when the others must have more. I’m wondering if they squirrelled away assets over the last few years

mainly I am worried about our house and wondering if I transfer to my name if that will hold