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Question

About 2 1/2 years ago, a friend and I formed a business partnership, purchasing rental properties. We had no written agreement as a partnership. This was set up for me to manage and as a means for me to make a living. He was to be a partner in name only for financial purposes. My job had transferred, and i was unable to relocate at that time. We purchased several properties, again for me to manage and to serve as my means of making a living. He received no income from the properties but did have to put monies into the properties. The properties needed lots of work, and the business has yet to make it into the black. At the time of purchase, my partner stated that he was gaining equity and that my managing the properties was reason for my making a living off of them.   Recently, I returned to work, and had someone assisting me. My partner took my keys, etc from this individual, and has informed everyone that he is now in charge. In addition, he is trying to force my name off.

Submitted: 448 days and 10 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Mt Vernon, Illinois

Already Tried:
Spoke with a local atty before things have gotten this far. I offered for him to just pay off my debt of $25,000, and I would sign the properties over to him. There is equity between fair market value and mortgage payoffs of $216,000. I just didn't want to get stuck with the debt. He offered me $219 that happened to be in the acct at that time. He has an atty advising him. I'm just not sure what can be done.

Posted by JD 1992 448 days and 9 hours ago.

Answer

It definitely is a problem. All contracts involving real estate require the contract to be in writing, however this partnership agreement really doesn't fall under that definition.

You need to hire your own attorney to assist you. This is a case that is almost certainly going to end up in court and you need to be prepared. There are several things he can do including a motion to dissolve the partnership and distribute the assets. This would give you enough assets to sell and pay off the debt and would also remove you from any further liability.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

448 days and 9 hours ago.

Reply

I don't mind dividing assets. That was my other suggestion. He apparently has had an attorney for some time building into this. He has taken all the books, etc. I there anything that goes back to exact amounts each contributed and received during the partnership, or is it just where we stand now? He seems to be quite confident that he has to pay out nothing. I have been searching for representation, but this just hit me this past week, and this is a holliday weekend, and I am just sickened by the whole mess.

Accepted Answer

The amount paid in will have some effect but so will the amount of work put into the partnership.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Expert: JD 1992
Pos. Feedback: 98.8 %
Accepts: 
Answered: 8/31/2008

Attorney

Active attorney since 1992

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