Legal Question in Family Law in Texas
divorce and corporate law
I am in the middle of a divorce because of infidelity. However, my estranged husband assures me that I cannot touch any of our assets because the assets are a part of the farm corporation. He says the starting shares were gifted to him by his father. Is is possible that I have been married to this man for 10+ years, kept our home and raised his children (not mine) and kept the books for his farming operation and I am shut our from any of the assets we have built together?
2 Answers from Attorneys
Shut out of farm corporation
No. You may not own any of the farm corporation shares, but you can claim reimbursement for time and energy and funds expended to enhance the value of the original shares. You can also have child support calculated upon the earing capacity of the farm corporation. Find a good lawyer to fight for your fair share of the enhancement of the value. It should roughly equate a community property division.
Divorce and corporate law
There are a number of remedies you can pursue. Assuming that the shares were gifts from his father, have corporate formalities been disregarded? Have corporate assets been treated as though they were owned by your husband? If so, perhaps you can disregard the corporate fiction. You may also have a reimbursement claim for your time, toil, talent and effort expended in working for the business, as well as that of your husband, less compensation you and he received. Further, to what extent have funds - whether corporate or personal - been spent on another woman? All these issues, and others, could assist you in obtaining substantial assets.