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Original poster

Divorce - do I have a right to DH's company shares

19 replies

Acegikm · 22/03/2021 17:18

Trying to reach a financial settlement with DH. He is being cagey about his financial affairs. He is part owner of a business which I think is a private limited company. Am I entitled to have these shares taken into consideration when deciding my settlement?

Can I insist that he shares details of the company's finances with me?

OP posts:

superduster · 22/03/2021 19:25

Get a solicitor.

Weirdlynormal · 22/03/2021 19:33

A private ltd company can be worth very little in reality. It really does depend. You need legal advice

Original poster

Acegikm · 22/03/2021 21:09

@superduster

Get a solicitor.

If you don't know the answer, don't bother posting.

OP posts:

FelicityPike · 22/03/2021 21:10

Seek proper legal advice, no one on here can possibly tell you for certain.

titchy · 22/03/2021 21:17

OP no one can possibly know what you might be entitled to with full knowledge of yours and your husbands situation, assets,
Income, pension, children, length of marriage etc. All assets owned by both of you are potentially available for division. See a solicitor.

AaronStampler · 22/03/2021 21:22

Yes, his share in the company is an asset. Yes, you're entitled to have it taken into account in any financial settlement. But you might be disappointed by the valuation; for private companies these things are easy to manipulate.

BillMasen · 22/03/2021 21:23

I’m not sure you’ll get any different advice being arsey to the first person who responded!

Original poster

Acegikm · 22/03/2021 21:32

@BillMasen

I’m not sure you’ll get any different advice being arsey to the first person who responded!

Ha! I wasn't being "arsey" and they didn't offer a useful response. I'll get a solicitor in due course, meanwhile I'll ask on here!

Yes, I know his shares might not be worth much. He draws a very good wage (dividends?) from it and owns (in part) the premises they operate from.

OP posts:

Original poster

Acegikm · 22/03/2021 21:33

But you might be disappointed by the valuation; for private companies these things are easy to manipulate

Yes, that had crossed my mind.

OP posts:

Chloemol · 22/03/2021 21:36

Why post on here, you need expert advice so get a solicitor to help sort everything. Only they can advise for sure

Original poster

Acegikm · 22/03/2021 21:41

It's a straight forward question, if you don't know the answer, no need to post. This isn't AIBU.

OP posts:

partyatthepalace · 22/03/2021 21:43

You might be, it depends what assets you both have, earning power, who has the kids, etc. You need to get a solicitor on it - people are saying that because that's what you need to do.

OverTheRubicon · 22/03/2021 21:47

@Acegikm

It's a straight forward question, if you don't know the answer, no need to post. This isn't AIBU.

The answer really is to talk a solicitor though, because there such a huge range of answers as to whether this is worth pursuing. Are you planning on taking this approach to everyone you deal with during your divorce? Might find that things don't go your way as much as you'd hope.

MrJollyLivesNextDoor · 22/03/2021 21:50

Bloody hell how rude

Nobody can answer your question as it depends on a number of factors

A solicitor will be able to take into account all of these factors and advise you accordingly

What is so difficult to understand about that?

BillMasen · 22/03/2021 21:53

Why the attitude op?

harknesswitch · 22/03/2021 21:58

No one can answer the question and seeing a solicitor is the best course of action.

Most companies will try and have as little as possible in the business account as it all goes against tax. You can go onto companies house and see the last tax return so you'll have an idea how much he's got in the business, but as for shares I've no idea. But it's an asset and the same as pensions, or debt, or mortgage or savings, it all goes in the pot

MLMsuperfan · 22/03/2021 22:50

Get a solicitor.

Original poster

Acegikm · 22/03/2021 22:51

No attitude (or rudeness) from me, but this is getting like"cancel the cheque"

Someone has kindly PM'd me links to MSE threads which cover my questions so I'll look over there!

OP posts:

ZenNudist · 22/03/2021 23:05

Do you kniw the company name? Go to companies house and you will be able to view the accounts to see what kind of profit it makes and what the book value of the assets are. Remember its usually worth more than the net assets on the balance sheet because if successfull, the business will yield profits and dividends for years.

I do this for a living so it's very tricky to explain to someone who is not business literate how I'd work out what his shares are worth. It also then depends how he would get money to pay you for his shares.

You do need a solicitor but they would instruct a forensic accountant or business valuer if it were worth pursuing .

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