How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger, Attorney
Category: Business Law
Satisfied Customers: 28625
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Business Law Question Here...
Roger is online now
A new question is answered every 9 seconds

What are our legal options / rights if a partner broke the

Customer Question

What are our legal options / rights if a partner broke the partnership agreement, where we both agreed to be active working partners 50/50 and 1 hasn't worked in over 1 year in the business. In fact the partner went ahead and started working for another company?

We spoke with a realtor to sell the business, and received received an estimate of 20K, we offered the partner 40K to leave and they still decline, even thought they do not want to do anything in the business.

They have decided that they will become a silent partner and we do not want one or need one.

What do we do, what can we do legally to relinquish them from the partnership?

Submitted: 2 years ago.
Category: Business Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question.


In order to remove the person from the partnership, you will likely have to sue for dissolution of the partnership, and also for breach of fiduciary duty to you and to the partnership for his/her failure to perform as required.


If you have a written partnership agreement, you need to review it and see what it says about removing a partner and any instructions for dissolution. Under California law, the partner is entitled to be bought out for the fair market share of their partnership interest at the time of expulsion/dissolution.


Thus, if your partner will not voluntarily bow out and turn his/her interest over to you, or if you can't negotiate a buyout, then only thing you can do is sue and force the dissolution and buy th partner out.


Please let me know if you have any additional questions. Thanks.

Customer: replied 2 years ago.
The partner suggested to become a silent partner where they could still use the business to pay for car lease, phones, and addiotional expensess while Figure the true value of the business (the partner want me to revive the business while the partner is still not going to involved in any way shape
Or form!!!)

I do not want to continue another day the way it is (this partner been receiving paycheck every month while never step a foot in the business for over a year now and I do not want to continue this any longer

I spoke with realtor and since we don't show profit at the moment we could maybe get about 20k total for key money since its a good location, that 20k minus realtor fees = 10k total (5k) each

We offered them 40k as we are in debt of 80k
Total, so we offered to take over the business including the 80k debt and they let us be, they don't want they and want to if we revive the business in the next few months, again while the partner is silent (not going to do anything!!!!

Can we force the partner to exit effective immediately ???
I do not want this to continue 1 more day

What do I need to do?
What is my next step legally speaking?

Thank you
Expert:  Roger replied 2 years ago.

You need to file your lawsuit to dissolve the partnership and for breach of fiduciary duty first.


In order to get the partner to be immediately removed, you would have to file a motion for a temporary injunction in your lawsuit to stop any additional payments to this person and also for an order for him to stay off of the premises until a final hearing on the matter. You would have to be able to prove that harm will occur to the business unless the injunction is granted.


That's about as fast as you could get something done. How fast this will actually happen depends on how quickly you can get to a local attorney and get your lawsuit filed.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Dimitry K., Esq.


    Satisfied Customers:

    Run my own successful business/contract law practice.
< Last | Next >
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Run my own successful business/contract law practice.
  • MShore Law's Avatar

    MShore Law


    Satisfied Customers:

    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • RGMacEsq's Avatar



    Satisfied Customers:

    Licensed Texas General Practice Attorney
  • J.Hazelbaker's Avatar



    Satisfied Customers:

    Experienced and trained in the area of business law.
  • Barrister's Avatar



    Satisfied Customers:

    14 years practicing attorney, MBA
  • MDLaw's Avatar



    Satisfied Customers:

    Experience in business law, contract law and related matters.

Related Business Law Questions

Chat Now With A Business Lawyer
Litigation Attorney
1340 Satisfied Customers
BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters