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TJ, Esq.
TJ, Esq., Attorney
Category: Business Law
Satisfied Customers: 11782
Experience:  JD, MBA
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i am married, thinking about divorce, my wifes parents are

Customer Question

i am married, thinking about divorce, my wifes parents are the managing partner to our business, they have breached their fiduciary responsibilites and taken income from us that we rightfully earned.... i am not a member of the LP, only my wife is... am i able to sue in texas on her behalf because she is scared to sue her parents for stealing over 700,000 from us...
Submitted: 6 years ago.
Category: Business Law
Expert:  TJ, Esq. replied 6 years ago.

Hello and thank you for allowing me the opportunity to assist you.

No, I’m sorry to say that you would not be able to sue on your wife’s behalf. That is something she’d need to do herself.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

 

TJ, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
she wont sue them and is trying to force me to sign a second post nump to stay married and her parents (managing partner) are forcing her to renew the post nump because it is void in 6 months..... we own mc donalds restaurants, her parents put them in my wifes name solely and she wont sue them, they have spent over 600,000 of our money and caused us to not be able to buy a package of 5 stores because we dont have any money in the bank, they instead have bought a home in mexico and a ranch in abilene texas with the money... we were just approved to purchase one store instead of 5 because of the equity we have in the restaurants, but they kept the store instead of giving it to us because i wont sign the document to their liking.... is there anything i can do because she is controlled by them and wont do what is right.
Expert:  TJ, Esq. replied 6 years ago.
Hi again. A colleague pointed out to me that if the money can be considered community property, then you would have standing to sue your in-laws (not on your wife's behalf, but on your own behalf). Generally speaking, community property is property acquired during marriage. However, property that is inherited or gifted is not considered community property, but instead is considered the separate property of the spouse/recipient. You may want to discuss this with a local attorney who can review the situation in detail and determine whether you have a cause of action.



DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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