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David L
David L, Attorney
Category: Business Law
Satisfied Customers: 3171
Experience:  Corporate and Business lawyer since 1997
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Hi, My brother and his wife have been divorced number years

Resolved Question:

Hi,

My brother and his wife have been divorced number years ago. They both own a small shop and they've been working together as the owners since then. The shop is currently under his name only. Lately, she is a bit worrying about he could sell the shop and take the ownership of it without her consent. She'd like to have some sort of legal document that the shop can not be sold or either ownership replacement without aggreement of both. And they still want the shop under his name.

Thanks,

Quan Nguyen
Submitted: 2 years ago.
Category: Business Law
Expert:  David L replied 2 years ago.
Hello and thank you for asking your question. My name is XXXXX XXXXX I will be assisting you. Is the business incorporated?
Customer: replied 2 years ago.
No. It's just a small shop, and I don't even think it's limited.
Expert:  David L replied 2 years ago.
Thank you very much for the reply. They would probably be considered as "partners" under the law. One way to solve this problem and get things documented would be through the use of a partnership agreement. The partnership agreement could specifically address the issues you mentioned above. They can have an attorney draft a partnership agreement for them. There are also a large number of sample partnership agreements on the web that might help them to start with as a template if they are going to draft their own agreement. Here are a few examples found from a quick search:

http://www.smallbusinessnotes.com/managing-your-business/sample-partnership-agreement.html

http://www.medlawplus.com/legalforms/instruct/sample-partnershipagreement.pdf
Customer: replied 2 years ago.

Hi David,


 


So if they choose to draft their own partnership agreement as you pointed out, which type of lawyer do they go next or anyone in tax or real estate personnel can do this?


 


Thanks,

Expert:  David L replied 2 years ago.
Thanks again for the follow up. We don't draft agreements on this site, but if they are looking for a local lawyer to assist them, any good business attorney should be able to help them put an agreement in place.
David L, Attorney
Category: Business Law
Satisfied Customers: 3171
Experience: Corporate and Business lawyer since 1997
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