Legal Question in Business Law in Pennsylvania

Generally, there is not that much difference between a partnership or a sole proprietership. In a parnership, both partners are personally liable for the debts and liabilities of the business. In a sole proprietership, the sole proprieter is personally liable doe the debts and liabilities. If there is a written partnership agreement, the terms of that agreement would apply. Neither a partnership nor a sole proprietership have to br registered with the State. If the business is registered with the state having a fictitious name, that should be changed is inexpensive. If your husband does not object to this, there should be no problem at all. The real issues concern the way that tax returns are filed for the business. You should consult an accountant on this issue. You may also consider the possibility of incorprating your business as a Limited Liability Corporation (LLC), which would afford you some protection with respect to your personal assets. Frankly, a partnership between husband and wife exposes your joint property to creditors inthe event a judgment was against against the partnership.

You can enter into a simple agreement with your husband, wherein he relenquishes his interest in the partnership. Further you should change the fictitious name of your to reflect that that you are the sole owner. Finally you should discuss this with your acountant.

Remember--my answer is based on the fact that I know nothing about your business, or your husband's feelings about this.

Feel free to email me or call if you have additional questions.