Legal Question in Family Law in Maryland
Damaging Marital Property
My wife & I are in the throes of divorce-trying to reach a settlement on marital property. We jointly own a restaurant & bar. By falsely accusing me of abuse she got a civil protection order which kept me from our home & the business. I can�t go on the premises & am denied access to even the financial records. The restaurant, which has made a profit for 12 yrs has, under her sole management, deteriorated to the point that it is in danger of closing. She didn�t renew the liquor license & the bar closed. She let security lights burn out & weeds grow, so the restaurant looks closed. She doesn�t adhere to the hours posted & sometimes doesn�t open at all. Bills are unpaid, insurance has lapsed & former patrons have told me of the poor quality of food & service. There is little business. She has also taken a position elsewhere on the days she doesn�t open, instead of making a go of our business. The restaurant is marital property. I can prove she has tarnished the business�probably intentionally. Can she be held accountable for damaging marital property? Can I expect a judge to rule differently in the settlement based on the fact that she has let the business falter? Will it make a difference in the splitting of assets?
2 Answers from Attorneys
Re: Damaging Marital Property
As goes with marital assets so goes marital debt. An order of partition of a marital asset seems necessary to your situation if you desire to keep the business alive. A statement of assets and debts is required for a divorce. I question why a civil protection order issued that kept you from the premises and would like to know more about this. The grounds for your pending divorce is also another tactical matter. Based on the limited information you provide it appears that you may require an attorney. Feel free to contact me for a free initial discussion.
Joe Holthaus
(410) 799-9002
Re: Damaging Marital Property
The words used for what you have described are "dissipation of marital assets." If you can convince the court that that is what has happened, it should be considered in a court-ordered division of marital assets and the payment of a monetary award. You should not be trying to reach a settlement without legal representation, considering the situation you describe. Now, before it's too late, you should petition the court for a modification of the protective order, based on your wife's neglect of the business, so that she can stay away and you can run the business (I don't know how you can recover the liquor license or run a bar without one). If you have loyal customers who would like to return to your restaurant if it were open regularly, you might be able to save it. If that happens, the court should again consider your efforts and your wife's neglect in dealing with marital property. You have a complicated situation, and again I urge you to find a good lawyer to represent you.
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