Legal Question in Business Law in Utah
Business question
I am in a partnership with my daughter and son in law with a synthetic grass company. We have quite a bit of equipment that we would store at their house when we were done for the day. Since we have been fighting they will not let me get the equipment off the property, what legal right do I have to the equipment and how do I go about getting it as I would like to continue to do business. They have recently put the equipment on KSL website to sell it, what can I do to stop this?
2 Answers from Attorneys
Re: Business question
As a "partner," you have a right of equal access to assets of the partnership. However, if you cannot work it out with your partners your recourse is through the courts, e.g., a restraining order on selling the equipment, dissolution of the partnership, accounting for partnership assets and liabilities, etc. (If you are not voluntarily allowed to retrieve the assets from their property you would be trespassing and may have other technical legal and partnership violations to account for - hence the necessity to resort to the courts for court-ordered assistance.)
Re: Business question
If it is a true partnership you are entitled to possession of the property. However, they may have the right to dissolve the partnership - but cannot arbitrarily exclude you. You have a right to seek or sue for an accounting and to your legitimate partnership interest. You may call for a free consultation.
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