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Question

I am an officer (wife) at a company started/owned by my husband, the president. We lent the business $450K 6 years ago so he could buy out his partner. The money we lent was obtained by us taking out a personal loan (second mortgage). The company pays us interest every month at prime+4%, which we use to pay the monthly loan payment. After 6 years this loan has a balance of $277K. The loan on the books with the company still stands at $450K, as we have only paid interest to ourselves, for two reasons: (1) Because we are subordinate to other loans taken out by the company directly with the company's bank (also secured by us with home equity)however, this loan will will be paid back in full within 6 months, and (2) because there are always needs in the business for any excess cash. The time has come that I am tired of being "the banker" to the business. My husband will not budge on repayment of pricipal, eventhough at the end of this calendar year there will be funds (profits) to do so. Can I sue for repayment? Unfortunately, there was no paperwork created as to the terms of repayment, because I trusted that my husband would do so in a reasonable timeframe. By the way, we are WI residents. Thank you.

Submitted: 15 days and 14 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Wisconsin

Posted by Dimitry Alexander Kaplun 15 days and 14 hours ago.

Info Request

This is a very interesting question. First of all, do you have any percentage of ownership in the business? Second, the money that was let, was it solely yours or jointly held?

15 days and 14 hours ago.

Reply

By the laws of WI, it is 50% mine (marital property state). The money that was loaned was taken as a second mortgage, needing to be signed by both of us.

Accepted Answer

Then yes, it appears you can file as a shareholder (if the business is a corporate entity of some kind) or officer of the company, or also as an investor who can legally begin to request repayment of assets placed into the entity.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
Accepts: 
Answered: 11/5/2009

Attorney

Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

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