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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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my husband and his partner sign the lease 10 years,after 2

Resolved Question:

my husband and his partner sign the lease 10 years,after 2 years they brokeup my husband walk away.i open the bussiness(same bussines) 2 blook away from the old one.the landlord said that we competite the old bussiness(non competite within 25 miles),can my husband bankrupcy the old lease without effect me,can i still keep my bussinesor can i corporate my bussines to protec my living,the new bussiness under my name,and the old business my name only on the bill of sale
Submitted: 5 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

Simply put, no, it cannot. Since you are a family member, and under California law spouses are treated as one unit, his non-compete covers you and your behavior also, as such a clause is not subject to bankruptcy. Because you stated that it was the "same" business, it is governed under the restrictions that were placed on you at the time of termination.

I am sorry.
Customer: replied 5 years ago.

what if i sell the business can i work 4 them

 

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

No, you cannot. That is still technically a competition since you are still performing the same duties within the same threshold and the same location and within the same industry.

Good luck.
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