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Thank you for your question. Please permit me to assist you with your concerns.To answer directly, she is the one that has the burden of proving that you were partners rather than co-employees. She is the one that has to prove partnership, you do not have to prove otherwise. Having said that, if her best is that you split fuel and traveling expenses, that is not a partnership--otherwise anyone who carpools to work is an automatic partner. What you need to focus on are two specific factors.First you need to focus on everything that is missing--there is nothing in writing, express or implied, that would point to a partnership beyond saving on expenses. As you mentioned there is no formal incorporation or articles of operation, both parties filed taxes separately, got paid separately, and had two separate legal entities, and both were deemed 'independent representatives by the employer'. That will go toward defusing the claim of the other person that there was a special implied partnership or agreement.The second is intent or implication. Show that you nor the client ever intended fr you both to be partners and you never had such expectation. That will also go a long way in nullifying whatever claims this person may have. But remember that this is all defensive--she is the one that has to prove you were partners, not vice versa.Good luck
Thank you for your follow-up, Jenna.It is very hard to say without knowing what other information, if any, she possesses. By itself a sharing of commissions is not a de-facto partnership, however, it is simply fee sharing or fee splitting. Many professionals, including sales representatives and even attorneys can fee split in many jurisdictions. That does not make either partners. That, by itself, is not enough since there is no express or even implied intent to be partners from that scheme. Furthermore, it may be simply due to the client's demand to pay both for the same work and have the parties independently figure out each person's share. That still does not make it a partnership.Good luck.
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