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Attorney Business Lawsuit and effects on Spouse

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angela777

Junior Member
What is the name of your state (only U.S. law)? California

My husband partnered with a law practice 6 month ago, with good intentions to expand his business and clients.
He later realized that the paralegals are not working properly and cashing checks under his name. He decided to dissolve the business partnership.

He found out now that this law corporation is under investigation because of previous problems with other attorneys involved, but since his name was involved as well, they might investigate him too.

Can they file a law suite against him and how does it effect me as a spouse. I did not participate in any business, can they come and ask to collect from me as well?

I appreciate your answers.What is the name of your state (only U.S. law)?
 


seniorjudge

Senior Member
What is the name of your state (only U.S. law)? California

My husband partnered with a law practice 6 month ago, with good intentions to expand his business and clients.
He later realized that the paralegals are not working properly and cashing checks under his name. He decided to dissolve the business partnership.

He found out now that this law corporation is under investigation because of previous problems with other attorneys involved, but since his name was involved as well, they might investigate him too.

Can they file a law suite against him and how does it effect me as a spouse. I did not participate in any business, can they come and ask to collect from me as well?

I appreciate your answers.What is the name of your state (only U.S. law)?
Can who file a law suit?

And for what?
 

latigo

Senior Member
The short answer is yes.

If your husband were to incur financial liability to such undisclosed person or person under circumstances arising during your marriage, it would be a community obligation.

Under the marital property laws of your state the spouses are equally responsible for all debts incurred during the marriage regardless of which spouse creates the debt.

(The exception being if the debt was specifically incurred by a spouse for the benefit of that spouse’s sole and separate property and there is competent evidence that the creditor was made fully aware of its purpose before the debt was contracted.)

But quizzically why are you seeking the advice of strangers on legal matters peculiarly within the knowledge of your husband who happens to be licensed to practice law in your state of residence - California?!

The fact that you have done so and the worrisome nature of your post makes one wonder whether you have revealed all you know about your husband's doings at the law firm and why he may no longer be associated with that firm.

I have some trouble accepting that he departed the firm because of misconduct by employees.
 

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