California - Dissolve partnership with uncooperative partner

[Lissastrong1]

My boyfriend started a sole proprietorship while he was married. When they got divorced, the business was considered community property, and she was granted 50% ownership of the company. She has become a toxic person and he absolutely cannot work with her. She does not show up to work, she doesn't invoice jobs, she takes as much money out of the company bank account as she wants to the point where they can't pay all the bills and can't afford payroll. (And we're told that she's entitled to take it because she's 50% owner!?) She refuses to buy him out, and refuses to be bought out. He is scared to just walk away because everything is in his name with his social security number attached. How can he get rid of her??

 

[HRZ]

Who would want a toxic person to,show up at work?

BF gets some paid legal counsel as to his options re a 50% owner

Question, if he aggressively takes out company money and runs it into the deep red...is his 50% co owner liable for the red as well? ,

 

[Zigner]

This really is none of your business. Let your boyfriend handle his own legal matters.

 

[Lissastrong1]

Who would want a toxic person to,show up at work?

BF gets some paid legal counsel as to his options re a 50% owner

Question, if he aggressively takes out company money and runs it into the deep red...is his 50% co owner liable for the red as well? ,

I would assume that she would be liable for half of the debt. But don’t know 100% for sure because it was started as a sole proprietorship under his social security number.

 

[Lissastrong1]

This really is none of your business. Let your boyfriend handle his own legal matters.

He made it my business by asking me to help him find a way out...

 

[Zigner]

He made it my business by asking me to help him find a way out...

Then I would suggest that you tell him that you have no clue about such matters and that he should probably talk to a professional.

 

[Lissastrong1]

So what’s the point of this forum? Not to find advice?

 

[Zigner]

So what’s the point of this forum? Not to find advice?

The point of this forum is to "...enable consumers to benefit from the experience of other consumers who have faced similar legal issues." (It's right there at the bottom of every page.)

 

[Lissastrong1]

So have you experienced a similar legal issue that you could share your experience with me?

 

[Shadowbunny]

Lissa, we've found it much more efficient if the parties involved in the issue are the ones that post, as they are the ones that have the pertinent information. So much gets lost if there's a non-interested party who is posting.

 

[Lissastrong1]

I appreciate that and understand why, but I have just as much information and understanding of the situation as he does. And he’s right here beside me looking for lawyers on his laptop. So although I wrote the post for him, he’s here wanting the advice as well.

 

[Zigner]

Perhaps I should have led with this: Your boyfriend's matter seems to be complex and is not something that this forum is designed to assist with. He should seek the advice of competent legal counsel.

 

[HRZ]

A sole proprietorship means one person and by itself is not incorporated : it's unclear exactly what the ex owns per the order.....and in any event your friend should seek legal counsel as to his practical options . One option may be to sink that ship?