Legal Question in Family Law in Texas

Divorce when both are 50/50 shareholders in corp.

My husband and I are 50/50 shareholders in successful corp. 10,000,000.00 plus , we also own many other real estate properties , etc. We are getting a divorce and I can not work in the business with this person, even though I was the managing partner until 3 months ago. He went to the court (thru Attorney) and asked for complete control of the co., as I had a massive heart attack and did not show as ordered (yet I had staff call both my husband and his attorney in advance , they failed to notify the Judge . He ruled in my husbands favor. I have appealed, however, can a Judge make this ruling where 2 shareholders exist, without allowing the one to assign a proxy ? Can he allow one person full run of a corporation like this , without finding out the facts ? if this were allowed , wouldn't a embessling partner simply lie and gain control as my husband did ? My company has suffered massive losses , what can I do ?


Asked on 9/26/00, 3:07 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Divorce when both are 50/50 shareholders in corp.

It is inconceivable that you are in the position you claim with the assets you report and yet you have no attorney to represent you and handle matters such as this? Relying on the other side to report to the Judge is simply foolish.

Get a lawyer or be prepared to get skinned.

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Answered on 10/24/00, 10:02 am


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