Hello. Thank you for using JustAnswer.
Under Alabama law, your husband/partner's taking of company funds and depositing them in an account in a manner to exclude you and without your consent would be considered a breach of fiduciary duty and conversion of company assets.
Thus, if he refused to return the funds to a company account or to make you an authorized user of the second account, you could sue him to force such action.
Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.
Thanks for your earlier reply , i was wondering if you might be able to advise me on ways of separating myself from my husband and our business. I understand this would be several questions and I'm willing to pay you for your service. Not exactly sure if I'm using this questioner in the correct manner. I didn't want to just post a question not clear on how to keep the same attorney. Any response appreciated.
I tried to "accept answer" it refused me. Do you wish for me to continue repling?
Thank you for the feedback.
My husband and I have had several emails between us, so i do have that. I do plan on making one last request for him to put my name on the account and if he refuses i feel i have no other choice but to sue.
1. This property is a good investment for our retirement and being a cancer survivor, taking draws from our business seems the best for me, besides, he doesn't care for me to be there and frankly neither do i. Other than Monthly reports that he creates, what can i do to be assured that this information is true so that my draws will increase as the business funds do. If this is impossible to do ? Is this the right thing to do?
2. He normally files our taxes together, but now he threatens me with a 1099 on the 3000/Month he is offering. I am asking for 6000/Month and he/or company continue paying the medical cost. With him continuing managing the business. (at this time he is not taking his management fee of 5k/Month and i 'm not sure how he pays his bills, probally through company. I ask for him to Share reports with me Monthly.
3. Maybe i should do a will so that upon my death the company can to be sold for my children.
4. Being the swred business man that he is, i know what it is that he is capable of.
He had sold his shares to me to avoid garnishment and said to me that it would be worse than a divorce if i didnt give them back.
The property is a 170 site with about 100 manufactured homes for rent or lease to purchase. I say about 25% is lease to purchase. Our expenses for the property is around 20-25k/Month. The property is making around 50k/Month. The property is worth about 3 Million with a 900000. mortgage. I like the ideal of negotiating separation terms
just don't know what to do next.
Sorry for the choppy writing , there is so much to say and not sure of what to say.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).