LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Yukta   25 February 2025

Implications related to divorce

Hi, My father is a business and since he has started business in commerce, he has also opened the firms in my mother's and my name. By attaching property's worth and business on my mother's name it is almost 3 crore loan just on my mother. Till now, several times my mother tried to not let him take this much loan(its CC limit so he is just paying lakhs of interest every month with no future of ever being done with it) especially since covid as our business has downgraded too much that we won't ever be able to pay this much loan, there are more crores amounting to 5 crores and he is trying to take more. My mom thought he is spending it in business and trying to expand and that's how he has tricked her , but now recently we got to know how he has been involved in adultery (he was before also but my mother forgave him ) but this time he even put his profile on shaadi.com by writing that he is awaiting divorce. He is just losing all money of loan in lending to people who doesn't give him back, in lending to females who in the end leave him after taking money and while my mother has always tried to protect him from people who loot from him, he still when in fight, badmouthes her, this time by pushing my mom more we have took the step to shift in other floor of our house . We were thinking of divorce but is confused about how to proceed with all this , considering my mom has this much of loan in her name , she does work of share market trading , we are preparing to transfer it to another account to detach it and we don't want home if we can get rid of this loan, also he is trying to lend more and we suspect he is again attaching mom's name with it as his employee asked for aadhar otp but my mom didn't give but then he has ofc bank chequebook with him of mom and he has used that instead.

How can we deal with this situation, we dotn want more loans esp after knowing where he is wasting it at



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 February 2025

Is the property of your father ancestral or self-acquired? Are your mother and you partners in the firm?  Did you and your mother execute the partnership deed?  When your father is going for loans in crores why did you keep silent without protecting him?

T. Kalaiselvan, Advocate (Advocate)     25 February 2025

If a husband is intentionally damaging a business registered in his wife's name during a marital dispute, the wife can attempt to limit her liabilities by: immediately separating finances, documenting the husband's actions, consulting a lawyer to explore legal options like removing the husband as a signatory on business accounts, and potentially filing for divorce to initiate asset division proceedings; depending on the jurisdiction, she may also need to file a separate lawsuit against her husband for financial damages. 

Close any joint bank accounts and credit card.

Open new individual accounts in your own name. 

 

Inform creditors about the separation and request to be removed from any joint credit lines.

Keep detailed records of all business transactions, including financial statements, invoices, and communication with clients. 

Gather evidence of the husband's actions that are damaging the business, such as emails, text messages, or recordings. 

Initiate divorce proceedings to begin the process of asset division, where the court can determine who is liable for business debts. 

If the husband attempts to transfer assets from the business to avoid liability, the wife may be able to file a fraudulent transfer claim. 

Yukta   25 February 2025

Originally posted by : kavksatyanarayana
Is the property of your father ancestral or self-acquired? Are your mother and you partners in the firm?  Did you and your mother execute the partnership deed?  When your father is going for loans in crores why did you keep silent without protecting him?

It is self acquired. They aren't partners but separate firms, one in his name, one in hers both managed by him, and his firm joined to our previous home and my mom's to another house which has more worth and firm related to her earned more so more loan on her name. 

We both have retaliated several times for him to not take loans this much, he is violent and abusive, and saying he has managed till now  and he will manage now also and that no business run without loan, and we don't know abcd of it, he has been doing that. I have several times tried to convince my mother but since I have just graduated and preparing for exam and my brother has just begun college , we aren't self dependent so my mother didn't take action yet and everytime considering that he will do good in business maybe if he takes this time she let it go

But since the limit has crossed by him now by repeatedly doing same things , we are trying to move ahead


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading