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need to split up business partnership

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lucid vein

Junior Member
I'm in Kansas.

I want to kick my roommate out. He won’t pay his half the rent.

But there are complications, due to a few different contracts having been signed and I don’t know what to do about those.

1) His name is not on the lease contract. I don’t know if that’s a serious violation of the terms of the lease, which jeopardizes my standing with this apartment complex. Some people I’ve asked seem to think it means I can easily kick him out, or have him removed. He normally pays his rent to me as a check, then I give the full amount to the apartment staff. This June he refused to pay his half, for lack of having the money.

2) We’re business partners. We have a business partnership agreement, signed and notarized. It divides the company equally between us. It’s the one contract of a few contracts that has both our names on it. I want to dissolve the partnership, and split the company into two sole proprietorships. My partner doesn’t seem agreeable to this. The trouble is, he resents that I won’t “take a turn” at working another job while he runs the business himself. He thinks that’s a reasonable expectation because he thought of the idea, and he worked for a period of time while I took his idea and turned it into a working business (just not a thriving one able to support two people at once). I went thru an economic hell in its earliest days till it looked like it might support two people (which is when he quit his “dayjob”). I guess in the end it’s a power struggle for the business, each of us feeling we have more right to it than the other. I put more into it. He’s perpetually having money crises (most of which I help with) and now he’s having one again, and he thinks the solution is that I should go get a job.

3) We have contracts with AT&T and Yellowbook. One is a business phone line with AT&T. He signed for that one. It’s in his name so I guess he can cancel it at any time if he feels vengeful enough to do it. Another is with AT&T Yellowpages, and another still is with Feist Yellowbook. They’re our print advertising, and I signed for those. I can’t cancel them with the ease he might cancel the phone account. The debts here are huge. I can’t pay the full rent, all the utilities, the phone bill, and the advertising.

I want this company, and I want to be rid of my business partner. He can either take one of the two company names and do his best with it separately from me. Or the company can fail, and then we can go our separate ways. I don’t want my credit ruined if it fails and I wonder if incorporating the partnership would protect me from a bad credit report if I’m unable to pay the phone book companies. If we make two separate companies, I wonder what I can do to have separate contracts with the phone companies: Company A in his name and Company B in my name.

Thanks for any advice.
 



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