Legal Question in Business Law in Illinois

So you (and your "PARTNER") started a business but you say it was a sole proprietorship with you only on the "DBA" registry? And he just "helped" at the start-up? Did he make no business decisions then? Not sure why the PARTNER allowed that if you two worked side by side together. So a lot will depend on your books and records and how each of you was compensated while working together, because in reality it may be considered an oral general PARTNERSHIP, even if you did not incorporate and just functioned with the DBA registry. Then, you (if I take your PARTNER's point of view) abandoned him and left the country. There must have been discussions as to how the business would continue without you here. Or did you expect him to fold tent and go away? If, as it appears, you allowed him to continue the business during your absence, that is further 'evidence' that this was a partnership. During your absence did your PARTNER send you any accounting data? Net income distributions? Did you make any business decisions during your absence or did he make them all (based on how the two of you had rund the business before you left)? Based only on the "face" of what you've given us to evaluate, I'd say you have something in the nature of an 'oral general partnership' - oral since there apparently was no written agreement between you - just books and records of account as to how the business was run, and perhaps paperwork (uh-oh) he signed for the business in HIS name so it could function (say like a bank account???? on which he had signing power). That said, it sounds like your PARTNER should now account to you for profits and losses during your absence, and allow you back into the co-pilot's seat. If he is refusing to do so, there may be avenues of approach, but they may be only litigation-based. And, depending on other input (including the books and records), it could be a "he said, he said" dispute. Get a litigation attorney involved along with an accountant and get a look at the books....as a start.

You were not "cut out completely." You left the country and the business, and now you're coming back and asking for a piece of another man's labor. No, you have no case.

Good luck.