What can I do if I own a flooring company with my husband but he has taken over the business and shut me out of it?

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What can I do if I own a flooring company with my husband but he has taken over the business and shut me out of it?

He left 6 months ago and he has shut me out of all the business. He even shut our business bank account and opened one just in his name. I am 60% owner of the company and have all corporation documents to prove it. I found out which bank but they won’t give me any info. He also does lots of work for a large corporation but changed our vendor number for the company so I can’t find out anything because I don’t have bank info. Is any of this legal?

Asked on January 15, 2015 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is NOT legal: a minority owner (40%) cannot make business decisions agains the will of a majority (60%) owner, lock her out of the business, move business funds, etc. You could sue him for a court order undoing what he has done and prohibiting him from doing this again; however, since the two of you are married, this complicates matters in that family law issues come into play as well as business law issues. Since a spouse should not be doing what you say your husband is doing--and may be trying to move or hide assets before leaving or divorcing you--you should probably speak first with a family law attorney and do this right away.


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