debt

There may not be accounts in the new company but there will be accounts in the old established company and also any details of winding up which will be registered at companies house, that is public domain.

Even if you cannot get accounts due to the start up nature of a new company it does not stop you getting information of a company winding up.

yes of course. there are accounts for old company as i did them. the business was run as private sole trader, now its Ltd. i''ll get onto it.

thank you so much x

Remember this also that the accountant involved in the company accounts has a liability to report to the IR any suspicion of fraudulent trading, any potential to defaud not only employees but any potential creditors including IR in a winding up and re-establishing a new company.

I think you need to keep your cards close to your chest right now, collate information, keep any documents you have right now, look at financial trails, and be quick about it, thing is if directors, members of a company are found to be fraudulent as opposed to just negligent that does not stop a personal claim aginast their personal assets - limited liability is only limited to good faith rather than fruadulent activity, just in principle why is a company wound up just because one person has died

In the past two years, since stbx left me, they have changed accountants and changed to limited company and gone vat registered. Sold land which was in personal names and bought property in ltd business name. Stbx had always thought that ltd company, would be to protect themselves financially in business and from me making a claim against business. My stbx previously told me that I ouldnt claim anything against business because they had gone ltd. I now know this to be wrong.
The new accountant has only known the family for a short while so has had a hand in winding up old business and starting the new ltd one.

Only my very close family know how much has gone on in past two years. I have quite a bit of paperwork, concerning title deeds for land, business premises, (naughty I know) stbx private emails, a few diff things.

Thanks

It is covered under section 37 of the matrimonal causes act, disipating assets into the hands of others that was really a marital asset.

It is complicated in that it sounds like much of the business was your husbands parents business so you need to be careful about the evidence you produce trying to unravel the threads.

A judge can set aside a disposition (which means rule that the transfer was in an attempt to prevent the other spouse having access to marital assets).

Also if you are named in his fathers will that will have a bearing on what happens as will being left with the marital debt.

I think a good place to start would be getting a degree course book on family law or maybe some of the experts on here such as Rubes could point you to a specific book on the subject, the one I have has a clear and short chapter on the subject.

I would post more but I have leant the book out to someone else.

I have not been able to find too much on section 37 on the net regarding claiming back marital assets up to three years before a divorce proceeding commences, I have only found information on not being able to claim on section 37 for inheritances not yet received and bonuses not yet received.

I did a post a while back on what I had read in my book on the subject and I think I called it section 37 of the matrimonial causes act.

I think this would be a good place to start.

Thank you very much. I''ll look back on your posts.
The mind boggles x

soulruler wrote:

At the point someone dies the will becomes public domain - that is a fact and it does not not cost pence to get it - someone on here hopefully will direct you to the agency otherwize ring citizens advice - willhunters go on wills arising from death.

Actually you do have to pay. It''s £6 for a copy. Send off cheque and info on deceased to the local probate office. If you know name, date of birth and date and place of death you should have it within two weeks.