Can my husband lock me out of a business that we both own while we are going through a divorce?

My husband and I have not filed yet, but we own a business together. He has locked all books, checkbooks, etc. up so I cannot go into the business. My name is at stake and I need to continue working there. What do I do?

Asked on December 11, 2010 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are each owners of the business and you don't have an agreement where he is the sole control person, then you need to file a temporary injunction motion preventing him from locking you out of the books or preventing you from helping to run the business.  He cannot do so in order to hide assets, dissipate the business so that your bottom line at the end of the divorce and the divorce decree are harmed.  Talk to your divorce lawyer; if you don't have one, get one who specializes in or has a lot of experience with couples who own businesses together.  When a couple wishes to divorce and they also have their income tied into the marriage (via a common business), it can be difficult to think clearly without outside help.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.