What happens to my business if an employee is caught with drug possession? 6 Answers as of July 12, 2013

My husband and I own our business and he is a crack addict. He has drugs dropped off at our business and has not been home for the past 3 weeks. If he is charged with drug possession, possession for sales, or is caught in a house that manufacture drugs what will happen to our joint mortgage, joint account, and our business? What would the charges be? Is there any way to remove his name off of everything we have joint without a divorce?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Everything he and you jointly own are at risk of seizure - business, house, assets, etc., if charged with drug conspiracy. IF you can get his cooperation to sign over everything, and leave the business and home, then it would minimize that risk, not eliminate it.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Any property used in conjunction with Drugs is subject to s. This could happen even if he is not on the title.
Answer Applies to: California
Replied: 7/12/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You do not want drugs in the house, especially if you know they exist. involved in sales, transport. etc. yes, unpleasant things can happen. See a family law attorney ASAP. Not that you necessarily need to file a divorce, but you need to have him removed to protect the interest you have.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You suspect correctly that the consequences could affect you negatively in many ways. You husband could be charged with possession of controlled substances (a felony), transportation of controlled substances (a felony), maintaining a place for unlawful use of controlled substances (a felony, and property could be subject to forfeiture, though family residences usually are not) and even possession for sale. Even if you are not charged, the events are likely to cause you time, expense and grief, at the least. Yes, you can divide the business through a divorce proceeding.
Answer Applies to: California
Replied: 6/7/2011
Komanapalli Massey LLP
Komanapalli Massey LLP | Mark A. Massey, Esq.
You are skating on very thin ice with this man.If the authorities were to arrest him for drug possession even, they would have probable cause to obtain a warrant to search his home, business and any other container where he might stow drugs. If they found drugs in the home in amounts to indicate that he was selling, and most certainly if they found a meth lab therein, not only could they seize that property and sell it later without compensating you a single dime, but you would likely be arrested too. You would be charged at least as an accessory at the fact,but more likely as a co-conspirator and accomplice to his crimes, meaning they would view you as being equally culpable and charge you as such.If they find that drugs have been delivered the business, they would seize that too, and everything in it.They would probably do that anyway, based upon what they found in your home, and make you prove later that not only did you not take part in your husband's criminal enterprise, but that you also had no knowledge of it. Good luck convincing anyone of that. Do yourself a favor, put aside the emotions that are inevitably going to lead to your ruination and get a restraining order to keep him away from you, your home and your business. At the same time, file fora divorce and follow through no matter what lies he tells you. Your husband clearly does not care enough about you to even make any serious attempts to take the both of you off that speeding train to certain trouble he put you on. Get smart. Run!
Answer Applies to: California
Replied: 6/7/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You are asking questions unrelated to criminal law. There is no direct effect on your business if he is charged with drug possession. I would suggest you contact a family law attorney for questions regarding the effect on your mutual assets from his drug addiction.
    Answer Applies to: California
    Replied: 6/6/2011
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