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RayAnswers, Attorney
Category: Business Law
Satisfied Customers: 41541
Experience:  I have 30 years as a business lawyer in Texas
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My husband is leaving me and we have 2 llc restaurants owned

Customer Question

my husband is leaving me and we have 2 llc restaurants owned jointly with his brother and sister in law
can they force me out
Submitted: 10 months ago.
Category: Business Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 10 months ago.
Expert:  RayAnswers replied 10 months ago.

No they cannot force you out here.You need your own NY lawyer to file for divorce and fight for a fair property division.Until that is done you have rights to an undivided marital interest.Your lawyer may also be able to get you spousal support and child support if kids are involved.You have rights as a spouse under NY law.

Expert:  RayAnswers replied 10 months ago.

New York is an equitable distribution state, meaning that the marital property will be divided between spouses in a way that is equitable, or fair. The court decides what's fair based on a set of factors that show what each of you contributed to the marriage and what each spouse will need to move forward after divorce.

Customer: replied 10 months ago.
i have no chidren
i retired from teaching because of the restaurants
he left me for my best friend
i have a brand new house which he left 4 months ago
Expert:  RayAnswers replied 10 months ago.

The court will be involved in the division only if you could not work together with your spouse to resolve your property disputes. Throughout the divorce process, you will have opportunities to decide with your spouse how you want to split your property between yourselves. The court will usually accept a written separation agreement on how you want to divide your property. It is only if you cannot reach a compromise with your spouse that the court will step in and divide your property for you.A lawyer here locally may be able to divide and resolve the business and other assets you have acquired during the marriage and get you support.'

They cannot force you out until all the issues here are resolved fairly and you get your fair share.

I am so sorry you have had this happen here.I know it can be overwhelming.

Expert:  RayAnswers replied 10 months ago.

It would be best for you to file quickly and seek support and him paying the house payment.He cannot just leave you high and dry.

Expert:  RayAnswers replied 10 months ago.

The lawyer may use a forensic accountant to value the business so you aren't shortchanged here.

Customer: replied 10 months ago.
what is undivided marital interest?
If he went to a lawyer first im i in trouble?
i am not giving up the restaurants , they were named after me
Customer: replied 10 months ago.
he is paying for the house.... i fear he went to a lawyer yesterday because he is not answering any of my textsam i screwed because i wanted to wait until after our business meeting on Saturday to seek a lawyer
Expert:  RayAnswers replied 10 months ago.

You can do that be careful he doesn't try to hide assets, equitable division may mean each of you get a restaurant or some other fair resolution.These are marital property the income is marital as well.A lawyer is important for you because you have so much invested in all of this, they are named after you.You have rights here under the law.

Expert:  RayAnswers replied 10 months ago.

Lawyer Referral and Information Service
1(###) ###-####br />*****@******.***

Need an attorney in NYC? Call(###) ###-####(Para español llame(###) ###-####

You may want to at least start calling here get a name and then try for appointment next week after you meet here.

Expert:  RayAnswers replied 10 months ago.

Take it one day at a time , it is also possible he decides to reconcile at some point you never know.Sorry you are having to deal with all of this.

Expert:  RayAnswers replied 10 months ago.

If you have more please just ask.

If you can positive rate when we are done it is sincerely appreciated.

Customer: replied 10 months ago.
the other partners are from california
arriving this weekend
Expert:  RayAnswers replied 10 months ago.

Well you can do both look for a lawyer and also talk to them.