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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8155
Experience:  Since 1983
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My husband and I have been married for almost 26 years. We

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My husband and I have been married for almost 26 years. We have a business partner along with the business we own. The business partner is not legally on anything but my husband gave him 30% of the business with all of the perks. We incorporated and my husband is the pres I was the sec and Duane is the cfo. I just got legal docs back from the state and my husband changed all of the documentation without my knowledge and but one of his friends name in my place and took Duane off of it as cfo. He did this Aug 2nd. On august 8th he filed a legal seperation towards me and took all of the money out of our checking and savings account. He still lives in the house and he gives me NO money. He pays the mortgage and bills but he gives me nothing. Is he allowed to do any of this? What action can I take or can my attorney take? They are family law not Corporate
Submitted: 3 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 3 years ago.
Did he drain the accounts before or after filing for separation?

Were those joint accounts?
Customer: replied 3 years ago.
He drained them before. And yes they were both joint
Expert:  N Cal Attorney replied 3 years ago.
They can file an immediate motion for temporary spousal support and request an order shortening time for the hearing. They can also demand accountings for the money he removed from the accounts, and move for an interim award of attorney fees. They can also move for you to have possession of the family home.

I'm sorry but it was legal for him to empty the accounts before the case was filed. Now that he filed it, he is subject to the automatic temporary restraining orders in Family Code § 2040 that are written on page 2 of the Summons, see
http://courtinfo.ca.gov/forms/documents/fl110.pdf
or
http://leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2040-2041

I do not see how he could legally remove you as Secretary of the corporation without a board of directors meeting. The remedy is an action called quo warranto against the new Secretary, which would force a Judge to determine who is the legally acting Secretary of the corporation.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8155
Experience: Since 1983
N Cal Attorney and 6 other Business Law Specialists are ready to help you
Expert:  N Cal Attorney replied 3 years ago.
Thank you for accepting my answer.

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