Ex-husband Business Partner

[colleen178]

I need to know if I can successfully sue my ex-husband. We owned a business together that closed in 1989. The DBA is in both names. The tax ID number was in both then switched to only my name because my ex worked construction at the same time we owned the business and he told me if he was on the tax ID he could not collect unemployment. Whether this is true or not I don't know. Anyway since the business closed and we eventually divorced I have had to come up with almost $11,000 to cover a lawsuit that was filed by the person who bought the business from us and the IRS. I feel that he is 50%responsible and needs to pay me 1/2 of the $11k. Can I successfully sue him for his 50% since he was listed on the DBA as owner of the business with me? He makes alot more money than I do and the $11k I've payed out has hurt me very much financially. I am a single parent that was counting on that money for my daughter's college education. Does this sound like a case that a judge would see as cut and dry? I can't afford an attorney unless he takes the case and then gets part of the settlement. Thank you so much to anyone who can give me advice.

 

[ALawyer]

What took you so long to try to get your ex to contribute? You should have cross claimed agaist him when the suit was filed.

This is not the type of case lawyers take on a contingency. First the statute of limitations MAY have run. Second, he probably had a right to have notice and contribute toward the defense.

Have you thought of getting a lawyer to write a demand letter for you. It may cost a few bucks, but who knows....

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[colleen178]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALawyer:
What took you so long to try to get your ex to contribute? You should have cross claimed agaist him when the suit was filed.

This is not the type of case lawyers take on a contingency. First the statute of limitations MAY have run. Second, he probably had a right to have notice and contribute toward the defense.

Have you thought of getting a lawyer to write a demand letter for you. It may cost a few bucks, but who knows....

<HR></BLOCKQUOTE>
The lawsuit was filed in 1997 and settled in 1998. The lawyer I had at the time never suggested that I cross claim againest my ex. If she had I would have. Also the taxes that I have had to pay were paid in 1995 and 1998 so I'm thinking the statue couldn't have run out yet? At the time I was so devastated by the lawsuit and afraid of losing my house that I just settled with the guy that was sueing for $5k and paid the attorney $2k and have paid the rest out in taxes to the IRS by way of them keeping my income tax refunds. I have just finally decided that I'm tired of being the one that is getting hit with all of this and decided that I need to get something from my ex. Do you now think I may have a case? Thank you so much for your advice.