Legal Question in Family Law in California

Built business w/husband (now ex), am I entitled to half?

I was married in 1993, and divorced in 1996. During that time, my ex-husband and I had a small side business of vending machines, w/a partner, (which I financed) the proceeds of which were all cash. During our separation and divorce, I told him I was entitled to 25% of the business, at which time he told me he sold the business, and that there was little or no profit.

Well, recently, I spoke with the wife of our vending machine business partner, and she told me that my ex and her husband, in fact, still owned the business, which has been consistently generating a profit all of these years. Since my ex-husband has been doing so well financially, our partners wife told me my ex vary rarely even collects his portion of the profit, although once in a while he does.

When we were married, our portion (50%) of the profit was at least $1000.00 a month. No doubt, this amount has increased.

Can I sue my ex for my portion?


Asked on 8/14/04, 8:23 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Built business w/husband (now ex), am I entitled to half?

You need to review the entire matter with a good attorney. Will need to review your divorce papers, etc., and business agreements, etc. Unknown if suit available until reviewed all.

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Answered on 8/16/04, 4:03 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Re: Built business w/husband (now ex), am I entitled to half?

In a general sense, the court has continuing jurisdiction over undicslosed assets as well as unadjudicated assets.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 8/16/04, 4:03 pm


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