Business Partnerships: Can a Spouse Take Over Shares?

Business Partnerships

Owning a business is full of challenges; in fact, there may be days when you wish you had never come up with that original mind-blowing idea that set you in motion for working long days and nights, expending all that proverbial blood, sweat, and tears, and often feeling like more time is spent at the office with employees and those engaged in business partnerships than at home with your family. The irony is that while you are busy trying to make a living and sock away the dough for your family, you are forced to leave them for long periods of time. That doesn’t mean you forget about them though—and on the contrary, as family is first in the mind for most of us all day.

While it is important to make sure your family is covered in your will and all estate planning, this could play a part in your business partnership also. This critical contract should cover a long list of items to foresee that everyone is protected, beginning with items like who the officers and shareholders are, and what titles they hold in the business, if any. General job duties and pay should be outlined, along with discussion of other financial issues such as when profits are distributed each year.

What happens, however, if you or another partner were to die? Who gets your shares in the business? This should be established when you are forming the partnership contract, as there may be some discussion regarding how you want to structure it. You may want to consider whether you would want the right of refusal to buy the other partner’s shares should they die or want to leave or discuss the best structure if you do want to leave your shares to a surviving spouse, other family member, or outside party. If this is not agreed upon by all in the contract, it is usually not possible, by law, for a third party to be ‘substituted’ for a family member or other partner.

Speak with your business attorney about creating an airtight partnership contract. This is key in the beginning, and especially when everyone is getting along. A dispute resolution clause should be included also, establishing what type of resolution all parties would turn to in the case of a legal issues, whether that would be litigation, mediation, or arbitration. Details such as what county the resolution would take place in and who would pay attorney’s fees are usually included too.

Do you need legal assistance with a business dispute? If so, contact the Bolender Law Firm.  Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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