If I’m in a general partnership with an individual and we have a mobile food trailer but the actual title is in his name, what are y rights regarding a sale?

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If I’m in a general partnership with an individual and we have a mobile food trailer but the actual title is in his name, what are y rights regarding a sale?

We have a partnership agreement that is signed by a notary. Is there a “lien” that I can put on the trailer where he cannot sell it without my consent? I built the BBQ pit and the sinks and water compartment on the trailer.

Asked on February 6, 2013 under Business Law, Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 8 years ago | Contributor

Even thought the assumed name is still under the name of your partner, you may still have an interest in the business. I can think of a few better things to do than by trying to place a lien on the trailer.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as the mobile food trailer is in the name of the individual you are in partnership with and not the name of the partnership, the legal owner of the trailer can do whatever he or she desires with it.

I suggest that you have your name placed on title to the trailer. From what you have written about, I see no basis for a lien on the trailer under the law.


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