Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification
In cases such as these, which are common, you can sue the other partner and force her to leave,
you can buy her out as well for whatever she put in,
or dissolve the partnership and create your own,
She hasn't put a dime into the business and I'd rather not sue as neither one of us has made any money yet. It is a linen rental business from my home and her name is XXXXX XXXXX except the DBA.
If I dissolve the partnership on my own does she need to sign off or will I still be able to use the name?
Than I would consider sending her a certified letter stating that she has not acted in anyway as a partner, and that she no longer will be involved with the business,
and consider starting a new DBA with your name alone, and cancel the previous one
Can I cancel the current DBA by myself? I have the name on everything already so I would like to still use the name.
If she is on the DBA,
you will need her permission,
so you should send her a letter asking her to pay you for the expenses of the business and advise her that she will not be entitled to any profits if she does not pay,
this way she may agree to sign a form to remove herself
so she would have to come to the county clerks office with me and sign the discontinuance of business form?
yes, or you can bring the form and have her sign it,
or sue her in small claims court, which is easier and cheaper,
so she can sign it then i can take it to the county clerk and file it without her?
yes, she would not have to go to the clerks office,
ugh, what a bad idea that whole ordeal was.
Or you can create an agreement that states she is no longer a partner,
and have her sign it,
that would be enforceable,
I would have it notarized,
Thank you, XXXXX XXXXX did just dissolve the business, then I would have to get rid of the tax id number as well?
and I could still run it under my name as a sole proprietor without even filing another DBA
you can still run it,
you are just amending the forms by removing a partner,
if you have a written agreement stating she has not partnership rights,
then you can keep the DBA as it is,
and she cannot later sue you claiming partnership rights,
Ok, sounds good. I think that is all I need.
and if you have any further questions please do not hesitate to ask
If satisfied please provide us with positive feedback, thank you,
Thank you very much.
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