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Legal Issues
How can I end a partnership with my ex?
I own 75 percent and she has 25 percent (it's all in writing). She does not do her part in trying to build the business or basically anything pertaining to the business. I am frustrated about the situation. We have not made a profit and everything is in the beginning stage. Also, I have decided to change the name of the business from the one on our written contract. Please note she's my ex-wife and the mother of my two children (bad mistake).

Asked by angelzentertainment
Posted: Thursday, January 31, 2008  |  Found in Legal Issues


More answers by Nina Kaufman
Answer by Nina Kaufman
If your partnership agreement contains the right provisions, you can purchase your ex-wife's interest in the business from her according to the procedure and valuation formula in the agreement (please, tell me you have them). If everything is in the beginning stages, this should hopefully not cost you too much. She needs to be told that this isn't working and that you'd like to buy her out. Speak to an accountant to determine the price and an attorney to draw up the necessary papers. In addition, if her interest in the business came as a result of your divorce settlement, make sure that your attorney has an opportunity to review the settlement papers to ensure that the procedure you follow to buy her out won't breach the terms of that agreement. However, if your partnership agreement does not contain these provisions, you may find yourself embroiled in a court fight, perhaps not unlike the one involved in ending your marriage relationship. Again, speak with your advisors--under those circumstances, it may be better to close your doors and walk away (to start another business by yourself) than to wrangle over a company that isn't yet profitable.
Nina Kaufman has a New York City-based boutique law practice and is president of Wise Counsel Press LLC, which produces legal information products for entrepreneurs. She writes the Making It Legal blog and the Business Law Advisor column for WomenEntrepreneur.com.

Note: This response is for your general information only. Be sure to consult with an attorney regarding your particular situation to get the advice you need.



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