That alone should not be sufficient to pierce the corporate veil. Don't mix the two cards.
As a business attorney for small businesses, most of which come to me without having issue stock or membership interests or stock or have done so improperly, this is a far greater risk.
Your premise is incorrect - marriage is not the formation of a business partnership. While the IRS code does permit certain deductions, as my colleague points out, for the costs of a prenuptual agreement to the extent it protects business assets, perhaps, but "cute" thinking will not impress the IRS. Consult a CPA or tax attorney with your specific facts for advice you can rely on. You cannot rely on analysis from a public forum.
An investment is not a guaranty of repayment or a right to demand repayment at a time of the investors choosing (in the absense of a written partnership apreement.
However, a "statutory" partnership is still governed by rules. To highlight the considerations (and without an in depth inverview) is not possible, but your returning "partner" probably has the right to an accounting for 50% of the distributions since he diappeared (less some defenses you might have) and probably has a statutory...
My colleague makes a good point about consideration but it is not the "end of the world." You could either issue shares to yourself alone with payment. If you"insisst" that shares were issued then you have a few options: your partner endorses his share certificates to you and you become 100 percent owner or surrenders his shares to the corporation and you become a 100 percent owner of what is left. The peril of forming your own corporation is that almost no "pro per" knows how to do it...
If she sues you will need legal representation.
You both might consider mediation which is a non-binding legal procedure which seeks a win-win situation as opposed to litigation which is essentially win-lose.
Sorry you didn't have a written agreement.
Most important, communicate with your insurance company in writing and note every employee and extension number you speak with by phone. That's why you have insurance. Cooperate fully with any attorney the insurance company assigned to your case. Insist in writing that the facts are wrong.
If this produces no results, use the Find a Lawyer function at the bottom of this page for a very good Avvo attorney in your area.
Vehicle Code section 17151(a) provides, in part: “The liability of an owner . . . is limited to the amount of fifteen thousand dollars ($15,000) for the death of or injury to one person . . . and . . . to the amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person . . . and is limited to the amount of five thousand dollars ($5,000) for damage to property.”
The overall answer is you can be sued, successfully or unsuccessfully, for any or no reason. "Truth" is a defense against defamation, although "truth" is sometimes easier to recognize than to prove. Without examination of the "evidence" and then the detailed allegations, not much more analysis is possible.