Legal Question in Family Law in New York
Divorced did not give up right to partnership
divorced husband and gave title to maritable property BUT not to our Business in a 54 unit apartment building, until equitable distribution is paid in full. Parntership certificate still in effect and he transfered title to a corp with out me knowing, Business certificate never disolved. Husband has been heavy into crack cocaine and using money to pay for habit. Now he claims building is not making money there fore he can not contiune to pay for children education as well as medical which is in our divorce aggreeme. My settlement states he is responsible unless I get emplyed and then it would be pro rated. I am self employed and work on commision only. He has now caused finacial hardship on me as well as my kids who are 21 and 18
als: his divorce attorney who also represnted me in a litigation after divorce AS A PARTNER of the company is now claiming I wavied my rights to the business. I am in fear of this being a conflict of intrest since I have disclosed to her personal information during the course of the trial. my ex has threatened me and the attorney is claiming there will now be an accounting of the monies he has paid to date.
which were gifts?
what can I do and is the partnership still in effect if not disolved legally
1 Answer from Attorneys
Re: Divorced did not give up right to partnership
Be very careful. While 'waiver' is a standard argument, this can cut both ways. It also assumes that you have an interest that might then be waived.
The position of the opposing attorney is 'standard' and just citing it to me tells me very little.
Why/how, based on what actions does this person claimed you waived your interests? Without facts, these legal arguments are not serious.
Since the attorney represented you in a later action, I would petition thje court to recuse (remove) the attorney as your ex's lawyer. This should not be difficult. That should end the conflict of interest.
The only thing that bothers me is your statement that the ownership of the property has passed from you but you have retained your buisness partnership. What does the business cover? Are there assets owned by the business?
This is the best I can do on the information you have communicated. Feel free to ask furhter questions, but include more information on the facts fo the alleged waiver, nature of business, and title to properties.
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