Business Partnership Advisor

Together, we can fix your business and partnership problems

Chris Reich, Business Luminary

Business Partnership Problems with Someone You Were Dating

Chris,  I just broke up with a guy who is also my business partner. Now he won't pay his half of the rent because we broke up. I want to keep the business. Can I just lock him out? He's being a real jerk.

My First Rule when Working with Business Partners

Conversations about problems with business partners that were in relationships almost always begin with, "I know I was stupid, but I got into business with this guy I was dating..."

Let's start this post with understanding my first rule of working to help business partners. I don't judge. Fact is, it hurts when people come to me for help and start by expressing feelings of being dumb. I understand. The heart is in control of our decisions as often as our head. Shouldn't you be able to trust someone you love?

So, relax. It's all part of being human.

How to Handle the Business After the Breakup

If the business is going to continue beyond the relationship, the first question is: What does your partnership agreement say? The partnership agreement governs everything that happens in these circumstances. That document protects you when things go wrong.

Chances are, you haven't got a partnership agreement. Very few people who get into a partnership bother to have an agreement drafted. People in emotional relationships rarely do. As humans, we're not just short-sighted, we're blinded by our own optimism. I wouldn't want it any other way. If we made all of our decisions assuming the worst, the world would be bleak, But, we should cover the basics when we put our future at risk.

If There Is No Partnership Agreement

When there is no written agreement, we have to make some assumptions. The first is that the partners are equal. Equal may not mean exactly what you think so be careful. We'll get into that in a second. First, you have to decide if the business is going to continue.

If the Business Will Not Continue Operating

If you've both agreed to close the business, before you decide who gets what, all the liabilities have to be settled. That means paying off the debts and settling the obligations. Credit cards and loans in the name of the business have to be settled. If there is a lease, it has to be paid up or something needs to be negotiated with the landlord.

Here's that part about "equal". Lawyers call it joint and several. That means that if the business owes the landlord $5,000 and your partner has no money, you owe it all. It means you are both equally responsible for all the debt, not just half.

Money you put into the business to get it started isn't owed to you. If you put up $10,000 and your ex put in his charm, you aren't owed $10,000. That's a painful reality of going into business. If you buy a second home as an investment and the value goes down, you are not owed your money back. (There are some exceptions we can discuss if you call me)

Once all the debts are paid, what's left is divided equally between the partners. That means if you put in $10,000 and your partner promised to use his charm to make sales, those contributions are equal if you are equal partners. Thus, the assets are divided equally.

Finally, you must close all accounts associated with the business. Cancel credit cards, bank accounts, E-Bay accounts, and anything else you can think of that has the business name on it. You don't want to get a collection letter 2 years later that says you owe because Johnny skipped on an E-Bay transaction and your name is on that account.

If you've lost a lot of money because you were the banker and she was the charm, get advice on your options. There may be some ways to help recover some of your loss.

The hardest thing to accept is that after starting a business and if that business fails, you are not owed anything. The money you borrowed from rich uncle Joe is not a business debt. It's your personal debt and does not have to be satisfied at the close of the business. 

If You Have Contracts, Everything Changes

If you put up the money to start the business under terms that specify that you are making a loan to the business, then that loan needs to be paid if there are assets to cover it. No documents, no loan. A partnership agreement should define the financial terms around the founding of the business including percentages of ownership. If there are no documents but your business partner agrees that you should get some money back if the business closes, take it!

 

Please get a partnership agreement if you are going into business with someone you are dating

What happens to the business if you break up? Chris Reich gives you this advice.

If the Business Will Continue Operations After You Break Up

Under these circumstances, there are many ways this can go. One partner can buy out the other if agreement can be reached on a fair valuation. This is the ideal situation because everyone wins. Without an agreement defining the terms, this rarely happens. Most often the partners cannot or will not agree to anything and the situation gets worse and worse.

If the business will continue but you cannot quickly reach agreement on terms, get outside help right away.

There are two ways to go once you deadlock and arrive at court or mediation. You can negotiate to agreement or force the closure of the business.

Avoid court.. Court is very expensive and only the lawyers win. Courts won't usually set a price. The courts will usually just order the business closed.

If I mediate your case, I will work as long as it takes to help you find something agreeable to both parties. I don't say that lightly. It's just what I do. A good mediator can offer ideas that you might not have considered. Perhaps the business can be divided. Maybe there is a price that can be accepted. Maybe there are acceptable payment terms. Maybe there is a way, under defined terms, that you can work together.  I've found that if people are willing to give a little, a lot can be accomplished. Mediated discussions are the cheapest and best solution.

And if No Agreement Can Be Reached?

The business will be closed. Technically, when a partnership ends, so does the business. If the partners cannot find agreement, the only alternative is to close the business. It's much better to work it out. There is one more possibility. You can sell the business and split the proceeds. Good luck convincing a buyer when the partners are deep in dispute.

There are 2 big take-aways. If you've broken up with your business partner and don't have a partnership agreement, get an outside party to help immediately. Tension goes up and the cost to untangle goes up too. Inventory disappears. Bills go unpaid. Feelings get hurt. Don't wait until you're at war.

And, if you're in a business partnership without a good written agreement, don't wait another day to get one. Call me please. I can help you put a good  agreement together for a very reasonable amount. You'll have peace of mind.

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"If you are going into business with your romantic partner, please get a partnership agreement. PLEASE PLEASE PLEASE."   —Chris Reich

Are You Ready to End the Stress of Your Partnership Problems? Contact Me Now for a 100% Confidential Consultation.

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Email: Chris@TeachU.com

Phone: (530) 467-5690

50/50 Business Partner Deadlock: How Mediation Breaks the Stalemate Without Destroying the Company

A 50/50 business partner deadlock is a decision failure, not automatically the end of the company. Mediation helps equal owners identify exactly what is blocked, separate business facts from accumulated grievances, and negotiate a workable path – renewed decision rules, a division of authority, a buyout, or an orderly separation. The mediator does not impose the result; the owners retain control of the outcome.

When the Problem Partner Doesn’t Propose Solutions

Sadly, the ugly reality is that if your partner complains but doesn’t offer solutions, he’s no longer a partner. A wise lawyer once taught me this important lesson when he was drawn into a nasty partnership dispute that I was working on. One of the partners was always complaining that the other was never bringing ideas to the table. The lawyer, after listening to the whining for 15 minutes said, “Tom, you need to learn to deal with the partner you have, not the one you wish you had.”

List of All Business Partnership Mediation Articles

This Page is a searchable index of all posts pertaining to Business Partnership Mediations. This page is an excellent resource for articles about partnership mediation. Find all categories including Partnership Disputes, Family Business Mediation, and Partnership Agreement.

How a Mediator Can Help Your Family Business

As Moderator to many family businesses, I have helped with succession planning, compensation planning, and resolving of key questions around the operation of the enterprise. It can be difficult for an adult offspring to talk with Dad about a raise.

What Makes a Contract Legal and Binding?

As you see, a contract can be legal yet not binding. And, the most important take away is that a promise, even if written up and signed, is not binding. If an agreement is not binding, it isn’t enforceable. I assume you want your agreements between you and your partner(s) to be legal, binding, and enforceable. Let’s look at the pieces that must be included to make a valid, binding contract.

The Best Tool for Successful Negotiation

Before I give you the secret to easier and successful negotiation, let me explain a few things that don’t work. In fact, these will work against you. From years of watching people negotiate buying or selling, trying to change processes, or reaching general agreement, I have seen what works and what doesn’t when partners are negotiating with each other.

Chris Reich, Business Partnership Mediator can help you fix the communication issues with your partner.

Problems in the Partnership? Fix the Communication

I’ve found a common problem with communication when I’m conducting mediation meetings. People always think they know what the other party is thinking. They’ll say things like, “I know Bill won’t like this, but I think…” Opening your thoughts with that sort of lead in is going to put ‘Bill’ on edge before you even make your point. Never start by negatively setting the stage. So then, how should you start a conversation about a hard subject? In this post I’ll give you the 7 steps to conduct less tense and more fruitful meetings with your business partner.

This is the most important clause in your operating agreement: How to treat the voluntary exit of a partner?

The Most Important Clause in Your Operating Agreement

To be fair, many Operating Agreements have at least minimal language regarding a Partner’s voluntary exit from the Partnership. But, most of the time, those clauses are so vague they make the situation worse.

Business partners having a discussion across a desk. Scene feels tense

Can You Be You with Your Business Partner?

Partnerships are much like romantic relationships. When it’s all new and exciting, we can easily become infatuated to the point of overlooking differences. After all, don’t the differences make the partnership stronger? Sometimes. Most often differences magnify with time and become triggers to arguments. As time goes by, the differences you ignored become important. What do you do when the differences break the partnership?

Image of chef looking angry. Chris is expressing the desire he has sometimes to want to yell at disputing parties to get their act together and avoid court.

I Want to go Gordon Ramsay Sometimes!

Sometimes, in Partnership Mediations, people will dig into very irrational positions. And sometimes, when there is tension in a partnership, as a professional mediator, I can see an easy solution. When disputants won’t do simple things to protect their business, it makes me want to scream!

Image shows folded hands over a contract being negotiated.

5 Tips for Successful Buyout Negotiations

My business partner and I can no longer work together. We’ve tried to talk about a buyout—I want to buy him out—but it always leads to an argument. Do you have any suggestions for conducting buyout talks that don’t turn into an argument? Read these tips to conduct Buyout negotiations without tension.

Father and Son as image for Family Business Succession Planning.

Make a Succession Plan for the Family Business

Family Business Succession Planning: Make a definite plan. How will they support the parents and when can they take charge. That’s what they want.

Image of two people negotiating a partnership buyout with the text "Buyout Negotiation Tips"

10 Tips to Conduct a Successful Partnership Buyout

Before I offer you my tips on conducting the buyout negotiations with your partner, let me offer a big piece of advice. Use a Mediator. I say that because there is a LOT of emotion around buyouts. It is an extremely personal and emotional process. People always underestimate just how emotional separating from a business is.

The image shows an angry man pointing a finger at these words, "Be careful when dealing with a high-conflict business partner. Here are some key tips to help keep the drama down."

6 Steps to Deal With a High Conflict (Bully) Business Partner

The High Conflict Business Partner AKA the Bully is the most difficult type of person to deal with. Here are 6 Tips to help you deal with the Bully Partner.

5 Red Flags That Say Your Business Partnership is in Trouble

Business partnerships can be a fantastic way to pool resources and knowledge in order to create a successful enterprise. However, even the most well-intentioned partnerships can break down if certain warning signs are ignored. In this post, I will point out the 5 red flags that should never be ignored when you see them in your business partnership and provide you with guidance on how to deal with them.

Eventually a partner is going to want to leave the business. Plan ahead advises Chris Reich of TeachU.

Plan for the Day a Partner Wants to Leave the Business

If you have read my other posts, you know I strongly encourage people who form Partnerships to create a Partnership Agreement. The document must specify how a Partner can leave the Partnership voluntarily while ensuring that the business is protected from two potential disasters: firstly, by avoiding terms that could bankrupt the business, and secondly, by preventing the admission of unplanned Partners.

This article is about why people in mediation should be civil to each other.

7 Reasons to Be Extra Nice in a Partnership Mediation

When partners seek mediation to resolve conflicts or disputes, it is important that they approach the process with a civil and respectful attitude. Partnership mediation is a non-adversarial way of resolving disputes, and it requires cooperation and collaboration from both parties.

Image about succession planning showing father and son in business.

Succession Planning in Family Business

Let’s look at how to plan for the next generation of your family to run your business. It’s never too early to make a succession plan and the earlier you start, the more options you have.

You can get out of a business partnership if you planned ahead with a solid Partnership Agreement.

How to Escape Your Business Partnership

How do I get out of my partnership? And, it’s the biggest reason I am always ranting about having a Partnership Agreement. Without a Partnership Agreement, your options are very limited. You accept anything your partner is willing to give you, or you can dissolve the business.

Take the proper steps to protect the money you invest to start your new business partnership.

Don’t Risk the Money You Put Into Your Partnership

Somebody puts up money with someone who agrees to contribute labor as their contribution to an equal Partnership. Once things are set up, and a lot of money is spent, the other Partner fails to perform, and the troubles begin. I get 2-3 calls like this every week.

Your partner may take money from the business whenever they wish to do so. A Partnership Agreement could protect you.

Your Business Partner Keeps Taking Money from the Bank Account

Partners take advantage of partners every day and they get away with it. It is the most painful call I get. It sounds like this, “I put all the money I had into starting our business. My partner had bad credit and no money, but he promised to do all the work to get the business going.

Partner Kills Partner in Family Pizza Business

Terrible Tension In Family Business Partnership

In family businesses, when things break down, they really break down. The stress level is much higher than when a typical partnership has issues.

There is a right way to get out of an LLC- or to remove a member

How to Get Out of a Partnership LLC

While it seems like it should be very easy to get out of an LLC, it can be complicated. Even if the business is very small, there are considerations beyond getting your money back. In this post, I’ll try to hit the important points of getting out of an LLC Partnership. These same items apply if you want to remove a member from your LLC too.

Business Mediator Can See Around Corners

Business Mediator Can See Around Corners to Help You

Sometimes people will intentionally make an effort to trigger anger, frustration, or irrational behavior. As a Business Partnership Mediator, I see this behavior often and can help calm things down so we can have a rational discussion toward resolution. Seeing ahead is a super-power! I can see where the problems are and the best possible outcome.

THe time it takes to mediate an agreement between business partners is not up to the mediator.

How Long Does Business Mediation Take?

The amount of time needed to work out an agreement is in the hands of the disputing partners. We could talk a few minutes about options and reach agreement. But that never happens.

When people make ultimatums, they hurt negotiations

Ultimatums Kill the Chance of Reaching Agreement Between Partners

Whenever a partner makes an ultimatum when I’m working to bring people together, the damage is almost always irreparable. Issuing an ultimatum is a disrespect to me as a mediator and the other partner or partners involved. Line-in-the-sand demands take away any room for negotiation.

We need to deal with the partner we have, not the imaginary one we wish we had.

The Partner You Have or the Partner You Wish You Had

We often form partnerships because of the way the relationship works. One person wants to be in charge and the other is fine with that. Then something comes up and the expectations cause tension. We have to deal with the partner we have, not the one we wish we had.

Part 2 of Things You Need to Know About Partnership Buyouts

Things to Know About Partnership Buyouts— Part 2

Here are more things you need to know if you are opening buyout talks with your business partner.

There Are Many Things Not Well Understood about Partnership Buyouts

Things to Know About Partnership Buyouts— Part 1

Buyouts between partners are usually mired in things that people think are legal entitlements. Let’s look at the most common misconceptions around buyouts.

Violence in a Business Partnership is a Very Serious Matter

Violence By a Business Partner Is Never OK

If your business partner ever is violent, call 911 immediately. Yes, even if he missed. You want to document threats of or actual violence.