Legal Question in Business Law in California

''my right as a bussiness partner with exwife''

my exwife and I have been divorsed for 5 yrs and now she is remarried however we never resolved our buss.

It is ongoing buss. succesfull ,however the profitts have not been equal.

I never agreed to this butnever spoke out about.

I have asked her to be fair but she refuses.

what can I do to solve this matter , can she sell out to a different partner without consulting me?


Asked on 1/23/02, 10:20 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: ''my right as a bussiness partner with exwife''

Partners, without an agreement, are presumed to be equal partners. Therefore, you can force an equal share. If she is working in the business and you are not, she may also be entitled to a fee for her services.

Without an agreement to the contrary, she can sell her share.

It sounds like you should address the issues before more serious problems arise.

JOEL SELIK

800-894-2889

http://www.4thelaw.com/services3.html

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Answered on 1/23/02, 11:12 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: ''my right as a bussiness partner with exwife''

Generally a divorce agreement will include a business that is owned by one or both spouses. What does that settlement say.

If you both maintained ownership, and there is no written partnership agreement, you would both own 50% of the business.

Are you both working the business? If not, the one who is actually working in the business could be entitled to a reasonable compensation in addition to 1/2 the profits.

You may want to consider changing the formation of the company to an LLC or getting her to buy you out.

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Answered on 1/23/02, 11:23 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: ''my right as a bussiness partner with exwife''

You may file for dissolution of partnership. This action will establish your rights by demanding an accounting and divide the assets. Please call me directly at (619) 222-3504.

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Answered on 1/23/02, 12:40 pm


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