Legal Question in Family Law in Florida

Wife filed for divorce in Florida. They own a business together after marriage, but all business documents are in husband name. Wife wants to keep the business or sell and divide 50/50. Husband told wife he found a buyer willing to buy the business on paper for only 20-30% of the price the rest the buyer will pay under the table. Husband wants to do this because he wants to avoid paying taxes. Wife refused because she's afraid husband will keep what's paid under the table and say she's only entitled to half of what's on paper (which is 20-30% of the price) Husband refused to provide any info on the buyer, or any sale terms that were discussed.

1. Is this a crime Husband committing? What kind of legal trouble is he looking at?

2. What can the Wife do and should do in this situation to make sure she can get what she's entitled to?


Asked on 9/04/09, 11:17 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

I'll assume the business was begun after the two married, and therefore the business belongs equally to both.

Of course tax evasion is a crime, and the husband is possibly looking at federal prison time for even planning such a thing. The wife should refuse to be involved in the deal by refusing to sign any papers or stock certificates to effectuate the transfer. The wife should retain a lawyer for the divorce and get a legitimate business broker and possibly an appraiser regarding the business sale.

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Answered on 9/05/09, 12:48 pm


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