Legal Question in Family Law in California
Divorce and equal partnership in corporation problems
My husband and I have not retained a divorce atty. yet and we own a prop. dev. company (Inc.) as 50/50 partners. It will generate no income until our 12 units in a subdivision, currently being built, are sold. We are each supposed to be drawing a salary from the corp. const. loan funding but he has not set up payroll yet and when he needs/ I need $ he writes a check and calls it a ''loan reimbursement''. We currently have seperate personal accts. He insists on handling all of the bookkeeping and has caused the corp. over 3k in late fees for this year alone by mismanagement of the company funds. He also has a drug problem and I am trying to figure out what to do to prevent him from squandering away company funds, 1/2 of which I am responsible for repaying (I signed the loan docs with him.) I do not want a battle. I want him to go to rehab. He has a record in drug court. Can I seek a temp. order of some kind to protect the company and myself or can the courts order him into rehab? I feel that he is trying to prevent me from any access to the company despite his owning no more of it than I do. Divorce papers have not yet been filed. I would like to save the marriage if he gets clean. Any advice?
Thank you,
JP
1 Answer from Attorneys
Re: Divorce and equal partnership in corporation problems
You should take action to enjoin him from controlling partnership funds based upon his incapacity. Call me directly at (619) 222-3504.