Legal Question in Real Estate Law in South Carolina

business/partners

my husband is in partnership with another person. It has been 13years and I don't know what would happen to his half of the company if he and or I would pass on. His partner seems to have everything in his name. All vehicles and equipment and the land that they just built their new buiding on. Is there any way that I could find out this information. thanks ljc


Asked on 5/07/03, 12:37 pm

2 Answers from Attorneys

Steven Rothberg Law offices of Steven D. Rothberg

Re: business/partners

Although there are some facts missing from your question, my first question would be whether there is a formal partnership agreement. PA does not require a general partnership to have a written agreement, but without a written agreement, the relationship is governed by title 15, of the PA statutes. My next question would be whether the real estate was titled in the partnership? I would want to review the deed and title insurance policy. If it was not, then I think you should consider retaining counsel to review that issue. In general, it is advisable for a partnership to have a written partnership agreement that details issues about the conduct of the partnership, the roles of the partners, the issues surrounding a death of a partner. Finally, a partnership may not be the best form of ownership for the business. It may not adequately protect the partners from personal liability. I would be happy to talk to you in more detail. If so, please email your telephone number to me at [email protected]. Thanks.

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Answered on 5/07/03, 2:18 pm
Otto Ferrene, jr. Ferrene & Associates, PA

Re: business/partners

If your husband's partner owns every asset in his own name then the partnership does not hold title to anything. Your husband may not ahve any ownership asset interest in any property. You need to find out more about the partnership agreement, if there is one. Go to an attorney and seek advice.

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Answered on 5/07/03, 8:30 pm


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