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  • Family business

    My husband revised his will when we married 16 years ago.
    He has since changed the will behind my back and given the small business to his sons.
    Could the will he signed when we got married be used as a kind of marriage contract?

  • #2
    Originally posted by janice020204 View Post
    My husband revised his will when we married 16 years ago.
    He has since changed the will behind my back and given the small business to his sons.
    Could the will he signed when we got married be used as a kind of marriage contract?
    he is allowed to change his will as much as he wants. As far as I know there is no way that the first now void will can be considered a marriage contract.

    You should focus more on if you have a share in that company. I take it he started the company long before you were married?

    Comment


    • #3
      Yes business was started long before me.
      However I did work there for my years, I was was used to deduct taxes when he sold the original physical property and I am still on the payroll.
      Also, can he change the ownership of matrimonial home from joint tenants to tenants in common without my authority?

      Comment


      • #4
        If you owned it when you got married and then on your date of separation it doesn’t matter what he changes it to, I believe it is still an asset.

        Are you getting divorced?

        Comment


        • #5
          Yes, eventually, whole marriage has been a nightmare. I am his fourth wife.

          Comment


          • #6
            I did not own it when we got married, it was is business

            Comment


            • #7
              Eight years ago you posted about divorce. Did you get divorced or is this a new husband? If you got divorced and he is now changing his will and selling his business he can do that. If you have an order for support then he will have to follow it unless he files to change it. If he is 73 he can’t still realistically work.

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              • #8
                No same husband as 8 years ago.

                Comment


                • #9
                  Well if you are getting divorced then you should have your lawyer advise you on the changes he is making. Technically you are his next of kin should he die but estate law may prevent you from inheriting everything. If you are getting divorced then yes he can change his will and he should change it. As for his business, he can sell it too and that would be an asset. If you are employed there you may want to get a new job. The house he can also change if he owns it solely. The problem for him is the value of it will be an asset.

                  You should really speak to a lawyer. And if you are still married after all the fuckshit eight years ago and hes doing this now you may want to get a divorce because hes a dick.

                  Comment


                  • #10
                    Embarrassing thing is this and domestic abuse has been going on the whole marriage.
                    These guys get you quit your job and work for them and slowly make you a dependent , and the more abuse up tolerate the more they abuse you.
                    The abuse carries on because you allow it to and because you are ashamed of yourself.
                    I am an educated woman it can happen to anybody.

                    Comment


                    • #11
                      If your spouse dies and you are unhappy with their will, you have the option of taking your rights under the Family Law Act, which includes a division of net family property.

                      After the property is equalized, they can do whatever they want with their assets.

                      Private companies are complicated because a determination of value isn't simple.

                      Comment


                      • #12
                        I understand, however he is old and will need lot of care for who knows how long.
                        People live with diabetes for a long time.
                        I suspect he will have given everything away very soon so there will nothing left to equalize.
                        He has given his sons the business.
                        The investments are eroding and he can give them money anytime he wants.
                        The house he can change to tenants in common, which I was not aware of til this week.
                        I do not see an upside to this.

                        Comment


                        • #13
                          Equalization is as of the date of separation. Any asset transfers after this date do not impact your entitlement to property division.

                          The faster you move the better.

                          If you don't have a lawyer, you really need one.

                          Comment


                          • #14
                            Originally posted by janice020204 View Post
                            Embarrassing thing is this and domestic abuse has been going on the whole marriage.
                            These guys get you quit your job and work for them and slowly make you a dependent , and the more abuse up tolerate the more they abuse you.
                            The abuse carries on because you allow it to and because you are ashamed of yourself.
                            I am an educated woman it can happen to anybody.

                            Well...you are his fourth wife so there should have been a pause and you were 40 when you married so as an educated woman you should have known better plus the 20 years thing...

                            Get a lawyer. You should have pulled the trigger eight years ago if it was that bad.

                            Comment

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