Legal Question in Business Law in New Jersey
Partnership seperation
Two years ago, my wife was given half of her fathers business because he was going to prison for a year. During the year that he was incarserated, she had split all revenue of that business with her mother, because of the partnership. Now that he is released, and my wife and I have both put all our time into this business, and he believes that there is not enough revenue to support 2 famillies, he wants to put her on a low end payroll, and tells her that she is just a partner on paper, thats all. Can he do this after all that had happened, just kick her out of the partnership?
3 Answers from Attorneys
Re: Partnership seperation
First, one needs to gather whether the parties had an agreement and if so what did it specify, i.e. did it provide for a specific term? Any specifications for dissolution? What interest in the family business did the wife have-was she a general partner or a limited partner? Under certain conditions and if the court finds it is equitable to do so, wife may be able to reinstate her role in the partnership. However, before legal advice may be given, abovementioned need to be evaluated first.
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Re: Partnership seperation
It depends on the terms of the partnership agreement and/or the agreement by which she was "given" part of the business. It is unclear by your question as to how she got that share and what the terms were. A careful review of the entire situation with an attorney is necessary.
Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. Good luck! Rob Gleaner
Re: Partnership seperation
The answer depends on what they all agreed upon. This is messy, and it seems like there is some money involved. It is very surprising that a father would do that to a daughter, but he did after all go to prison.
You should consult an attorney, show all of the paperwork you have and tell in detail what happened, and get some legal advice.
Call if you like; I never charge for a first phone call.
You can then decide how you would like to proceed.
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Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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