# Am I entitled to what I am owed ?



## Timetorebuild (Jun 24, 2018)

Hello everyone. I have been married just under 2 years and separated for 4 months. Stbxw has refused to sign a divorce. The issue is we had a joint business together in our names. Her family contributed 100% to the investment and the agreement was to pay them back as and when.

Over the year her family became hell bent on recouping the money even trying to force my parents to sell their property.

Her family are only intent on getting me to sign the business over back to them which I have no issue with.

The problem I have is I worked for a year, 6 days a week and didn’t get a wage. I left my well paid job to help them and didn’t even work my notice which was my fault.

I have asked for a wage and they have refused saying me and the stbexw went on holidays and spent money on other things.

I think this is unfair as she is still running the business, making money and comfortable while i have moved out and jobless.

Bare in mind she always did say to me she would send me back with no money etc. I left her due to mental bullying and physical attacks.

So where do I stand on getting a wage? I don’t want the business and I’m happy to sign it over out of court if she signs the divorce and reimburse my work for a whole year.

They think I am mad to ask for wages and said I was a blackmailer which is ludacris.

What’s the best route for me to go down? For the record I have not yet started divorce proceedings due to a lack of funds.


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## Andy1001 (Jun 29, 2016)

You need a lawyer.
A damned good one.


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## TJW (Mar 20, 2012)

Timetorebuild said:


> The problem I have is I worked for a year, 6 days a week and didn’t get a wage.
> 
> I have asked for a wage and they have refused saying me and the stbexw went on holidays and spent money on other things.
> 
> ...


The large question at hand is did your STBXW get a wage for working in the business? If the answer is yes, and you ca prove it, then you'll probably prevail on getting paid your back wages.

If the answer is no, you will have to prove that your STBXW profited more from the business than you. Any trips you took together, furnishings for your home, groceries, etc. will not count. As marital partners, you shared the proceeds from that.

Let me give you a small piece of help. You may be better off to delay filing. You owe money to her parents, to the degree you were a shareholder in the business. While you are out of the business, your STBXW is profiting from it, and you're not. The degree to which she profits in your absence will "dilute" your repayment responsibility. That is, if you receive no profits from the business on a continual basis.

If the debts of the business are small compared to the valuation of the business, this is a no-brainer. You do not want to simply "sign over" the business. You would want to be "bought out".

If the business largely exists on the original loan from her parents, you will be held liable for repayment of this loan.


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## OnTheFly (Mar 12, 2015)

Are you in N. America?


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## TheBohannons (Apr 6, 2018)

Post number 2 and 3 are sound advice. Borrow the money and get a lawyer.


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## Timetorebuild (Jun 24, 2018)

TJW said:


> Timetorebuild said:
> 
> 
> > The problem I have is I worked for a year, 6 days a week and didn’t get a wage.
> ...


If I were to sign my half of the business to my wife it would relieve me of any financial debt to her family.

So far around 12% of the loan has been paid back.

The business would retain its value if sold, the loan although a large some of money would not be lost if it were to be sold on.

I have no proof she took a wage and wouldn’t be able to prove she did.

While we were living together I suggested we should both take pay in wages she laughed at me and said I hadn’t invested or contributed to acquiring the business so I have no right in asking for wages per se.

As I am no longer physically working there, stbxw is profiting hugely and gaining financially. 

I guess I feel hard done by. I didn’t invest a large some of money but I invested my life, my time and hard work in building up something that was never really mine.


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## Ynot (Aug 26, 2014)

I may be the contrarian here, but if I were you, I would skedaddle from that hell hole as fast as I could and not look back. Are you entitled to your wages - probably. But however much those were is a small price to pay for being rid of this mess. You can fight for them and it could get dragged thru the courts for years. In the meantime your life is on hold and all your time and resources are tied up in attorney fees. Few of the women you might meet in the interim would be interested in getting involved with someone going thru that and the ones that would, you probably wouldn't want in your life anyways.
Lesson learned at a hefty price, that will hopefully pay off many times over as you move forward.
BTW - take some time and focus on yourself so that you don't get sucked into a similar situation going forward.


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## VibrantWings (Sep 8, 2017)

You want out. They want you out. 

They want to neatly cut the cord. 

My personal advice: Haul ass. You have the experience and knowledge and can end up better than before. Stop lingering. You did get your piece of the pie while you were vested. Now you're not. No more pie from her parents.
Go start your own bakery.


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## zookeeper (Oct 2, 2012)

How much money are we talking about here? A clean break is worth a hell of a lot. Think about that.

Are you sure you had no wages? I'm guessing you were fed, housed and clothed during this time. Where did the money come from for your life during this time?


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## TJW (Mar 20, 2012)

Timetorebuild said:


> If I were to sign my half of the business to my wife it would relieve me of any financial debt to her family.
> 
> I guess I feel hard done by. I didn’t invest a large some of money but I invested my life, my time and hard work in building up something that was never really mine.


Yes, sir, I clearly understand, and share your feelings. The question at hand is two-fold: 1) can you PROVE that you are a 50% shareholder (depending on where you live, this may be true by default because of your marriage); 2) whether your gain, from this point forward, is "worth" fighting for.

You are correct that your wife, and her family, did not consider that the business was "really" yours. Consult your lawyer, because the question is no longer what they "consider".... it is what THE LAW says.  You may be better off to continue to owe the money, if your share of the business could be sold for more than 44% of the loan amount.

You can let her, and her family, have the burden of proving that the business was not really yours. The law may say it was.


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## Diana7 (Apr 19, 2016)

What did you both live on for a year if you had no wages? What are you living on now?


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## MattMatt (May 19, 2012)

Timetorebuild said:


> Hello everyone. I have been married just under 2 years and separated for 4 months. Stbxw has refused to sign a divorce. The issue is we had a joint business together in our names. Her family contributed 100% to the investment and the agreement was to pay them back as and when.
> 
> Over the year her family became hell bent on recouping the money even trying to force my parents to sell their property.
> 
> ...


You need to contact your State Labour/Employment Board or the equivalent in your country.

They'll be able to advise you of your legal rights.

In most jurisdictions a lawyer/solicitor will give you an hour of free initial consultation.


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## VladDracul (Jun 17, 2016)

Timetorebuild said:


> If I were to sign my half of the business to my wife it would relieve me of any financial debt to her family.


Assuming youre in the U.S., not necessarily. Unless her parents formally relieves you of the liability, you're likely jointly and severely liable for the debt. Nor are you entitle to any "wage" from your business since you weren't an employee. If you were incorporated, the outcome may be different.
Now the bad news. If the business, which youre still an owner, earns a profit, you're liable for the income tax on your share of the profits and maybe jointly and severely liable for income tax on all those profits (despite never drawing dime one out the business).


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## Lostinthought61 (Nov 5, 2013)

before you sign anything....talk to a lawyer


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## arbitrator (Feb 13, 2012)

*Totally agree with going the lawyer route! BTW, do you currently reside in a community property state?*


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## EleGirl (Dec 3, 2011)

Since we have no real details, the best help we can give you is to tell you to get a solicitor and ask them your questions.

And find a job as soon as you can.

In order to give you sound advice, we'd have to see any loan documents that you signed with your inlaws, all documents creating your business, and a lot more. 

You might just be best to get your inlaws to sign something releaving you of any obligation for the debt and then sign your part of the business over to your wife... all as part of your divorce.

Some of the most important lessons we learn in life are very expensive. It seems that you learned a hard adn expensive lesson here.


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