Legal Question in Business Law in California

LLC PARTNER GOING THRU DIVORCEl

Can i legally buy out my partner and have no problems with his wife going after me for more money. She says 25 percent is hers and wants more then what the business is worth.


Asked on 4/05/08, 1:23 am

2 Answers from Attorneys

Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: LLC PARTNER GOING THRU DIVORCEl

You need real legal assistance, based on a careful review of your situation, the law, and your LLC's operating agreement. You should retain a business lawyer to assist with this, and to properly carry out and document the transaction. (Even then, nothing prevents a lawsuit being filed; the key question is whether the suit will be successful.)

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Answered on 4/05/08, 9:43 pm
Terry A. Nelson Nelson & Lawless

Re: LLC PARTNER GOING THRU DIVORCEl

You answered your own question: NO. She already told you she demands something from you. Whether she is right or wrong, she can file suit [anybody can sue anybody for anything -- winning is different]. Nothing you can do can stop her, other that reaching an agreement with all parties now. If her demands are unreasonable, and you can't reach an agreement that makes sense for you, you may have to stand tough and risk suit. Just make sure your legal position is correct before making that decision to tell her 'no'. Now is the time for you to get actual legal advice, based on a full review of the facts and issues. Feel free to contact me if serious about getting this done right.

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Answered on 4/07/08, 12:55 pm


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