Am I liable for any expenses or penalties being in a partnership with my wife even though we’ve separated and I’m out of the business?

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Am I liable for any expenses or penalties being in a partnership with my wife even though we’ve separated and I’m out of the business?

My wife and I own a restaurant together. We separated and I left and moved out of state and she is still running the restaurant. We haven’t filed for divorce and I have nothing on paper for the separation. Can I still be held liable for any expenses incurred by the her involving the business

Asked on October 20, 2011 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you absolutely can be held liable for expenses incurred while running the business unless you have an agreement dissolving the partnership.  But I would not stop there.  Any suppliers that you have signed on with could also hold you liable if you signed personally. And how about that lease for the restaurant? If your wife intentionally ran up expenses as to incur debt then you would have a basis for contesting the expenses but I am sure that you would be spending just as much on attorney's fees to do so.  Please go and seek legal help here as soon as you can.  You need to get things properly squared away.  Good luck.


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