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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33711
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My name is***** have a question in regarding of

Customer Question

Hi! My name is***** have a question in regarding of a divorce case. I own a nail salon but all legal papers work in my bother name, recently he and his wife getting divorce and his wife want to put my salon in their divorce case. My question is any way to stop her to put my salon into their divorce case?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Unfortunately, if all leases, business licenses, and financial accounts are in his name, then he would be considered the legal owner even if it is actually yours. The paperwork determines who is the legal owner..So the only way you can keep the salon out of any divorce property settlement is if the wife agrees to exclude it from any property division. .That is always a danger if you put your business in someone else's name...I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 6 months ago.
Even though I have all evidences that said the business is mine?
Customer: replied 6 months ago.
??????
Expert:  Barrister replied 6 months ago.
You can argue that it is yours... but if all the paperwork says that it is brother's, then legally it looks like his, even if you contributed the money for it. I would definitely make that argument...that it is just his in name only, but he doesn't actually have any real ownership in it and it is all your money that went into setting it up. .Brother can swear that this is your business in court as well and then it would be up to the judge as to whether or not to allow him to carve it out of the marital assets in the divorce and exclude it. .But if there is some reason why the business isn't in your name, then if you are putting it out there in court that it is actually yours, that could potentially draw some attention if you had a good reason for putting it in brother's name in the first place...thanksBarrister
Customer: replied 6 months ago.
My brother will swear in court to attest that the business is mines and is just strictly under his name for the sole reason being that I'd filed for bankruptcy and the leasing company would not signed a lease with me. We have email exchange from when we were negotiating the lease with the company. Stating our reasons, for my brother being as the lease signee, but that any and all correspondents was going to be thru us. They directly deal with us in all matters of the business.
Expert:  Barrister replied 6 months ago.
Ok, then you are talking about the lease being in his name, not necessarily the business. So if you have everything clearly documented that he just signed the lease for your business, then that makes a much stronger argument on your behalf that the business should be excluded since he is just on the lease as a courtesy to you...thanksBarrister