Does my business partner have the right to our business because they picked the name?

Redwood City, CA Viewed 103 times. Posted 8 months ago in Business

I started a business with my girlfriend without a written contract (big mistake). Later when things were not working out with us.....hmmm, but the busness was picking up she starts making statements that she put the llc in her name and it's her business. She then cuts me off from access to our email and website. She also removes my contact info from our website and refuses to talk to me and says i'm harrassing her and threatens to call the police. She just keeps saying it's her business even though I came to her with the idea in the first place. She tells me to take her to court because she knows I am in financial difficulty, mostly caused by her and can't afford a lawyer. Does she have the right to do what she is doing?

Answers (3)

Robin Mashal

This attorney is licensed in California. Posted 8 months ago.

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Business ownership does not depend on who suggested a name for the business. What matters is who are the owners (in the case of limited liability companies, the "members"). Do you have accurate records of who are the members of this limited liability company ("LLC"), and what percentage of membership belongs to each? Do you have records of who made contributions of capital (e.g. money, property) to this LLC? Who are the managers of this LLC?

Alan James Brinkmeier

This attorney is licensed in Illinois. Posted 7 months ago.

Managers? Members? Lots of details are missing. Getting the written documentation you have is a good place to begin. Contact a local lawyer - many may give you a free consultation for an hour - to discuss your specifics. Far too many variables exist in the short post you wrote for any further observation by me. Many California attorneys have information posted here on Avvo.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Dana Howard Shultz

This attorney is licensed in California. Posted 6 months ago.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

Ownership would be determined by looking at the LLC Operating Agreement. You wrote that there is no written agreement; was there an explicit oral agreement, or any implicit understanding (such as 50-50 ownership)?

That said, if you lack funds to retain legal counsel, it is difficult to see how you will be able to enforce whatever rights you do have. Perhaps a local bar association or legal aid society can provide assistance at low or no cost.