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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default Partner Claims His Wife a Third Partner

    My question involves business law in the state of: Texas

    Hello,

    I've been trying to start a business with a partner. Only his name and my name are on the DBA and his wife has not participated in any aspect of the business whatsoever.

    We've been running into some disagreements as he continually wants to change the terms of our original agreement placing additional burdens on me, financial and otherwise, and claiming that his wife is also a partner, by virtue of the fact that they are married, which means (in his mind) that he gets two votes on every issue to my one vote as I am single.

    I'm pretty sure that what he is trying to do has no legal grounds, but I'm not sure where to find what the law actually says about this. I have a feeling that this is going to end up in court, as I am losing money and he is reaping the benefits at my expense, but I need to make sure that I know what the law is.

    Does anyone know where I can find this information?

    Thanks! Jeff

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Partner Claims His Wife a Third Partner

    A d/b/a is irrelevant to ownership. It's a fictitious name for a business.

    Do you have a partnership agreement?

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: Partner Claims His Wife a Third Partner

    Hello,

    We don't have a separate written partnership agreement, but the DBA in Travis County is also a Certificate of Ownership. Here's what it states regarding ownership:

    I/WE, the undersigned, are the owner(s) of the above mentioned business, and my/our name(s) and address(es) are true and correct and there is/are no ownership(s) in said business other than those listed herein below:

    Then it has my name and his name and this is on file in Travis County.

    Thanks!

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