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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

`my ex wants half my business`

46 replies

mongy1 · 02/10/2012 19:35

hello everyone.im at my wits end,my ex partner not husband wants to take half my business and half my my investments.he was my employee his position was made redundant and he was paid a redundancy.we also have a daughter together that he rearly sees(his choice) and rarely provides for.does anyone know if he has a claim or not..im willing to provide more information

OP posts:
Mintyy · 02/10/2012 20:46

Did he give up another job to work for your company? What were the terms of his redundancy? Who did the childcare when you/he were working?

SomewhereInCanada · 02/10/2012 20:47

As a thought, does your DD need any major items purchasing? Mutter something to him about an application for a lump sum payment under Schedule 1 of the Children Act 1989 ...

mongy1 · 02/10/2012 20:48

Feckbox...yes i`m in the uk

OP posts:
VBisme · 02/10/2012 20:49

Please get legal advice before the mediation, the mediator won't necessarily have any legal knowledge, they are just there to facilitate a conversation.

You need to go in armed, be confident and clear about your understanding of the legalities of the case.

If you run your own business you'll easily be able to handle this.

Lueji · 02/10/2012 20:50

Personally, I'd let him go to court.

I don't think you would even need to get an expensive solicitor and the case couldn't be too long if you were not married and he was simply an employee.

SomewhereInCanada · 02/10/2012 20:53

As a second thought, this is a civil matter. The last time I had anything to do with this sort of stuff, you couldn't get Legal Aid to cover such a court case. If he persists, go to Mediation and say no. Has he really got a Solicitor who thinks he has a chance of success?

Well done for getting rid of him. He sounds like a right twunt.

skyebluesapphire · 02/10/2012 20:54

mediation always advises that you get legal advice. They can only help you to talk, they cannot advise on what you should do and they always advise that you get legal advice before agreeing to anything

mongy1 · 02/10/2012 20:55

i worked from home for a few years(did book work) and looked after my daughter(until she went to high school this year ) and his son from a previous marriage by the way! not a prob with that loved him as if he was my own and still do.he`s 17 still comes to stay with me and his sister.i work long and hard.not moaning ,i enjoy working and finally getting control back of my business. it has a lovely atmosphere again at work and a calm one at home and they are nothing he can take away from me !

OP posts:
SirSugar · 02/10/2012 20:59

Sounds like the lawyers are the ones doing business in this case.

I am no expert, but I don't see how he could possibly have a claim, you weren't even married.

Feckbox · 02/10/2012 21:01

Have sent you a PM. Your DP has made me very cross on your behalf

Lueji · 02/10/2012 21:13

Also, why go through mediation with him?

It's mostly a way to get at you!

carlywurly · 02/10/2012 21:18

Have you got household insurance? Sometimes you get legal assistance with that. As you aren't married its not technically matrimonial and they may be able to advise. Also have legal assist with my bank account, come to think of it. All the best, he sounds awful. Sad

izzyizin · 02/10/2012 21:26

You have a limited company and he reckons he's entitled to half? The greedy twat's trying it on, most probably because you've been a soft touch let him run rings round you in the past.

This has nothing to do with your relationship or any dc you have in common and if he's hoping that mediation is going to enable to screw more money out of you over and above what you've already paid him in wages and redundancy payment, he's going to be sorely disillusioned.

Don't agree to mediation. Tell him to fuck off take you to Court if he can get legal aid to stump up

If the worst comes to the worst (which, truly, it won't), you can wind up the company, give him half of nothing, and start over again Grin

OrangeImperialGoldBlether · 02/10/2012 21:41

Make sure you have all of your facts straight.

Make a note of every penny he's given for his daughter since he left. Then make a note of every penny he spent while he was living with you.

List the times and durations of all visits - if you had to email him to persuade him, then print them off.

You say his children still visit. I assume they lived with their mum. Did he pay her anything for them?

mummytime · 02/10/2012 22:00

Maybe get a second legal opinion, one expert in Company law rather than family law. I can't see if he isn't a director that he has a claim.

notactuallyme · 02/10/2012 22:12

Um, thinking along a different line, is he planning on a wrongful selection for redundancy case? Did you put him at risk? Then score him with others in the same position? And maybe he thinks you chose him cos you'd dumped him?

izzyizin · 02/10/2012 22:18

This isn't about maintenance/child support or any related issue, IB..

Unless the greedy twat he can prove that he invested a sum of money in the OP's limited company and has written evidence to the effect that this sum entitles him to a share of the profits or some such, or he has some legally binding document signed by the OP to the effect that she would make him a director of her limited company and such position would entitle him to a 50% share in the company or similar, he hasn't got a legal leg to stand on.

Who are named as directors and company secretary of your business, mongy? I'm not expecting you give names as such - my cousin, my friend, myself etc will do as this has to more with my curiousity to learn whether he's been named on any documents you've lodged atCompanies House any time.

mongy1 · 03/10/2012 20:07

hi izzyizin,im the only director and my mum is the secretary..he has nothing in writing to say he has any shares..ha the daft thing his own company went bankrupt owing me 6grand and idiot here gave him a job cus i felt sorry for him!! derrrr me.you know as i write stuff down i realise what a mug ive been ,,my god im going to write a book plus theres a sequel in there too haha..thank god i have a good sense of humour!

OP posts:
Feckbox · 03/10/2012 23:36

as they say in these parts'
"he can whistle"

izzyizin · 03/10/2012 23:59

Sequel? It'll be a trilogy Grin

Jeez, you gotta laugh. What a twat!! However did you get involved with him? No, don't tell me... I'll wait for the first book Smile

He owes you 6 grand that you'll never see again? That's your counterclaim sorted Grin

Tell him to bring it on and bring set the CSA on to him Grin

Shh2012 · 04/10/2012 00:01

OP if you''re in the UK, I can tell you that I was married for 20 years and my H had a ltd co. I wasn't entitled to any claim on the business when we divorced. What I got was half of the value of the marital home and another 10 % because of his earnings compared to mine. I couldn't make a claim on the business as his wife so I dont see how your ex partner has any claim at all. He is just trying to scare and bully you. Please get proper legal advice and don't let him get away with this.

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