Business owned car

74jax

chikexx1 said:

Hi, I am going through a divorce with a first hearing date for a financial settlement. My husband removed me as a director without my knowledge. My family car(3 small children) is owned by our company. He has today told me via his solicitor that the car is being sold and he’s coming to pick it up with the police if necessary. Can he  do this?? I have no legal help as he has removed any financial access for me . Please help

I appreciate you came for car advice but we might be able to help in other ways too.
Where are you living? What bills do you have and are they in your name? 
I know he's frozen your joint  accounts but I'm guessing you are living apart now, open a bank account in your own name and have the child benefit paid into there. Where is it going at the moment?

When you need petrol, where does this money come from? 

Are the children his? Have you applied for maintenence from him yet? 

sassyblue

chikexx1 said:

Good family and friends thank god! Hopefully when the divorce is settled this should change! Losing the car is just another form of his control!

chikexx1 said:

I don’t work there I look after the children. No he has informed me the business is thriving! But my car has to go !

I bet it does.... NOT.

You aren’t going to like what I say but why are you being a pushover?

go and see a solicitor ASAP. You have three children and his business is doing well there’s no need to lose your car - like you say he is being controlling and if you don’t stand up to him it will never change. Do you want to have to do what he says for the foreseeable future?

solicitors will wait until the financial settlement before being paid and that could be a year or so yet, you stand to come away short changed if you don’t have any legal help, it’s imperative you get some help straight away.

Please don’t think I’m being callous by saying you’re being a pushover but I’ve worked for a family lawyer for a number of years, spouses who are controlled often just carry on being pushed around. It’s time to realise you DO have a choice and you must start saying no when he’s being difficult. You have three children to transport it’s essential you have a car and every family lawyer fighting for their client will agree with that. You need a solicitor and they need to ascertain ownership of the car and whether your husband will take it off you. Don’t take his word for anything!!

TBagpuss

I second the suggestions to get legal advice ASAP. Many family lawyers offer a free initial consultation,.

Depending on his behaviour more generally some of what you describe might fall within the definitions of domestic abuse - check out Women's Aid or refuge - domestic abuse can include financial abuse/control and other forms of controlling behaviour.

https://www.entitledto.co.uk/  is useful to work out what you are entitled to claim and you should also apply now to the CMS as they can't backdate their calculations. 

It sounds as though you would be someone who could properly claim for Maintenance Pending Suit, and if you start that process, with any luck he will get some legal advice and be told to start behaving a bit more sensibly, so you may not have to go to court right now! 

If you have friends who are helping you out, keep track of what they lend you and ask them to put something in writing now (signed and dated) that sets out what they are lending you and that it will be repaid when the finances are settled on divorce - that way, you should be able to declare those amounts as debt and have them taken into account when the court is deciding the finances, whereas if there is nothing  in writing he may claim that they were gifts or soft loans that should be ignored. 

pinkshoes

You 100% need legal advice.

He CANNOT just remove you as a director without your knowledge. Have you checked on Companies House to see if you are still named, and if not, WHEN you were removed? https://find-and-update.company-information.service.gov.uk/

A quick google says section 168 of the Companies Act 2006 needs to be followed, so as you are also a share holder he would have had to notify you of this. https://www.legislation.gov.uk/ukpga/2006/46/section/168

As he is an accountant, I imagine he has been "paying" you and the money going to him. Start by checking your personal tax account, and definitely speaking to someone in the tax department if you need help. https://www.gov.uk/personal-tax-account

I would also speak to the domestic abuse charity as mentioned by someone else. 

burlingtonfl6

pinkshoes said:

You 100% need legal advice.

He CANNOT just remove you as a director without your knowledge. Have you checked on Companies House to see if you are still named, and if not, WHEN you were removed? https://find-and-update.company-information.service.gov.uk/

A quick google says section 168 of the Companies Act 2006 needs to be followed, so as you are also a share holder he would have had to notify you of this. https://www.legislation.gov.uk/ukpga/2006/46/section/168

As he is an accountant, I imagine he has been "paying" you and the money going to him. Start by checking your personal tax account, and definitely speaking to someone in the tax department if you need help. https://www.gov.uk/personal-tax-account

I would also speak to the domestic abuse charity as mentioned by someone else. 

Common scenario. Happens in thousands of businesses. The OP has been a director of this business, has had the benefits of it's profits so to play ''innocent'' now is a bit rich ( to be fair, that is more your view than the OP )

Her husband is in the wrong here but having a smart accountant is essential business wise.

ratechaser

burlingtonfl6 said:

pinkshoes said:

You 100% need legal advice.

He CANNOT just remove you as a director without your knowledge. Have you checked on Companies House to see if you are still named, and if not, WHEN you were removed? https://find-and-update.company-information.service.gov.uk/

A quick google says section 168 of the Companies Act 2006 needs to be followed, so as you are also a share holder he would have had to notify you of this. https://www.legislation.gov.uk/ukpga/2006/46/section/168

As he is an accountant, I imagine he has been "paying" you and the money going to him. Start by checking your personal tax account, and definitely speaking to someone in the tax department if you need help. https://www.gov.uk/personal-tax-account

I would also speak to the domestic abuse charity as mentioned by someone else. 

Common scenario. Happens in thousands of businesses. The OP has been a director of this business, has had the benefits of it's profits so to play ''innocent'' now is a bit rich ( to be fair, that is more your view than the OP )

Her husband is in the wrong here but having a smart accountant is essential business wise.

Well... I know other company scenarios where one partner is a passive director/employer of the other partners real business - and they have not a clue about the mechanics or finances. One particular case, the wife, whilst a lovely person, is utterly financially clueless and is basically doing whatever her husband has suggested. She has no real involvement in the business, and in reality has been a stay at home mum all her adult life.

So 'innocent' is relative - some partners just implicitly trust their OHs and don't feel the need to question things as their OH 'knows best' and deals with the family finances. Total naivety of course, and not a good situation to be in, but a form of innocence nonetheless...

burlingtonfl6

ratechaser said:

burlingtonfl6 said:

pinkshoes said:

You 100% need legal advice.

He CANNOT just remove you as a director without your knowledge. Have you checked on Companies House to see if you are still named, and if not, WHEN you were removed? https://find-and-update.company-information.service.gov.uk/

A quick google says section 168 of the Companies Act 2006 needs to be followed, so as you are also a share holder he would have had to notify you of this. https://www.legislation.gov.uk/ukpga/2006/46/section/168

As he is an accountant, I imagine he has been "paying" you and the money going to him. Start by checking your personal tax account, and definitely speaking to someone in the tax department if you need help. https://www.gov.uk/personal-tax-account

I would also speak to the domestic abuse charity as mentioned by someone else. 

Common scenario. Happens in thousands of businesses. The OP has been a director of this business, has had the benefits of it's profits so to play ''innocent'' now is a bit rich ( to be fair, that is more your view than the OP )

Her husband is in the wrong here but having a smart accountant is essential business wise.

Well... I know other company scenarios where one partner is a passive director/employer of the other partners real business - and they have not a clue about the mechanics or finances. One particular case, the wife, whilst a lovely person, is utterly financially clueless and is basically doing whatever her husband has suggested. She has no real involvement in the business, and in reality has been a stay at home mum all her adult life.

So 'innocent' is relative - some partners just implicitly trust their OHs and don't feel the need to question things as their OH 'knows best' and deals with the family finances. Total naivety of course, and not a good situation to be in, but a form of innocence nonetheless...

You can't benefit from a situation for years and keep your mouth shut then say those benefits were wrong after you lose them.

As my favorite comedian would say, you can't sit in the jacuzzi with me and and take a morale stance on how it was paid for

68ComebackSpecial

burlingtonfl6 said:

ratechaser said:

burlingtonfl6 said:

pinkshoes said:

You 100% need legal advice.

He CANNOT just remove you as a director without your knowledge. Have you checked on Companies House to see if you are still named, and if not, WHEN you were removed? https://find-and-update.company-information.service.gov.uk/

A quick google says section 168 of the Companies Act 2006 needs to be followed, so as you are also a share holder he would have had to notify you of this. https://www.legislation.gov.uk/ukpga/2006/46/section/168

As he is an accountant, I imagine he has been "paying" you and the money going to him. Start by checking your personal tax account, and definitely speaking to someone in the tax department if you need help. https://www.gov.uk/personal-tax-account

I would also speak to the domestic abuse charity as mentioned by someone else. 

Common scenario. Happens in thousands of businesses. The OP has been a director of this business, has had the benefits of it's profits so to play ''innocent'' now is a bit rich ( to be fair, that is more your view than the OP )

Her husband is in the wrong here but having a smart accountant is essential business wise.

Well... I know other company scenarios where one partner is a passive director/employer of the other partners real business - and they have not a clue about the mechanics or finances. One particular case, the wife, whilst a lovely person, is utterly financially clueless and is basically doing whatever her husband has suggested. She has no real involvement in the business, and in reality has been a stay at home mum all her adult life.

So 'innocent' is relative - some partners just implicitly trust their OHs and don't feel the need to question things as their OH 'knows best' and deals with the family finances. Total naivety of course, and not a good situation to be in, but a form of innocence nonetheless...

You can't benefit from a situation for years and keep your mouth shut then say those benefits were wrong after you lose them.

As my favorite comedian would say, you can't sit in the jacuzzi with me and and take a morale stance on how it was paid for

It's perfectly possible that a spouse has absolutely no clue that he/ she has been placed on a payroll and/ or paid dividends, especially if their partner is an accountant. They could be totally unaware that their household has benefited from substantial tax advantages/ additional cash. I set up my husband's online tax account, only I know how to access it, I complete all his returns, make payments to HMRC from his bank account and all communication comes to my email - he has no input whatsoever, save for handing over his P60 and P11D each year. The OPs husband could have achieved even more without her knowledge.

AskAsk

burlingtonfl6 said:

ratechaser said:

burlingtonfl6 said:

pinkshoes said:

You 100% need legal advice.

He CANNOT just remove you as a director without your knowledge. Have you checked on Companies House to see if you are still named, and if not, WHEN you were removed? https://find-and-update.company-information.service.gov.uk/

A quick google says section 168 of the Companies Act 2006 needs to be followed, so as you are also a share holder he would have had to notify you of this. https://www.legislation.gov.uk/ukpga/2006/46/section/168

As he is an accountant, I imagine he has been "paying" you and the money going to him. Start by checking your personal tax account, and definitely speaking to someone in the tax department if you need help. https://www.gov.uk/personal-tax-account

I would also speak to the domestic abuse charity as mentioned by someone else. 

Common scenario. Happens in thousands of businesses. The OP has been a director of this business, has had the benefits of it's profits so to play ''innocent'' now is a bit rich ( to be fair, that is more your view than the OP )

Her husband is in the wrong here but having a smart accountant is essential business wise.

Well... I know other company scenarios where one partner is a passive director/employer of the other partners real business - and they have not a clue about the mechanics or finances. One particular case, the wife, whilst a lovely person, is utterly financially clueless and is basically doing whatever her husband has suggested. She has no real involvement in the business, and in reality has been a stay at home mum all her adult life.

So 'innocent' is relative - some partners just implicitly trust their OHs and don't feel the need to question things as their OH 'knows best' and deals with the family finances. Total naivety of course, and not a good situation to be in, but a form of innocence nonetheless...

You can't benefit from a situation for years and keep your mouth shut then say those benefits were wrong after you lose them.

As my favorite comedian would say, you can't sit in the jacuzzi with me and and take a morale stance on how it was paid for

you need two directors for a limited company so one of the director could just be a sleeping partner.  the OP was probably added as director for the purpose but never actually got involved and knows very little about what is actually going on, trusting everything to her husband, which I find strangely enough, a lot of women do!

my husband had a limited company and he put his friend down as director but his friend never actually knew what was going on.  he just trusted my husband not to get him into trouble.

chikexx1

Absolutely! I was married to this man for 10 years and have 3 small children. My role as agreed until the children were old enough would be to stay at home and believe me it is a lot harder with 3 young boys than going to work! I left the running of the business to him ! Just like he left everything regarding the house and boys to me! Believe me he would have no idea of which child was supposed to be where and when !! Which child needed what abs when etc etc which rightly or wrongly when you are in a long term relationship the main thing you should really have is trust in each other! Sadly for me I chose to trust the wrong person!!!!