Legal Question in Family Law in California
working in husband's business
I worked for approx 12 years in my husband's insurance agency full time. He paid me a check once a month and my amount received was based on how large his check was for that month. The money I received went directly back into the household as community property. My salary was approx $1000-1500 per mo. Now we are divorcing and I work for another ins agency. My husband states he owes me nothing for the years I worked his agency as he paid me a check. He paid no payroll or workers'comp for me. I have no retirement from him, nothing to show for the years I helped him build his business. It's his agency, but shouldn't I be intitled to some benefit for the years I worked?
3 Answers from Attorneys
Re: working in husband's business
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Duh ... yeh ... like one-half the community property value of the business. Contact an experienced Family Law attorney in the county where your divorce is pending for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: working in husband's business
from the facts given thus far..absolutely. however, i would need more detailed information regarding the nature of your employment agreement with your husband during the years you were employed by him, as well as what proof you can provide that your earnings clearly made up household expenses exclusively during the years in question. if you can email my law office this type of detailed information, we may be able to further assist and/or represent your interests legally and help you remedy this potential injustice asap.
Reply: working in husband's business
You are entitled to your community property interest in and to the value of the business as well as the other community property assets. If the agency was his before the marriage, then you are entitled to half the increase in value during the marriage. Most insurance agency contracts have buy back provisions with the insurance company that govern the valuation of the business and restrict the terms upon which it can be transferred.
I suggest that you consult with an experienced family law attorney. Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
