Here is a strange situation I have run into. I have been with a girl for a long while now. We met in a different town and then moved to the state where her parents live. We both had good, well paying jobs before we moved. One of the reasons to move was to start our own online business. The idea was brought up by my girlfriend and it sounded very interesting. Since then it has been 3 years we have been working together in our business. However we are no longer getting along and would like to separate. But business being as a common factor is posing a problem. I have asked her to go back to work and leave me the business as it is easier for her to find a job than me in the state where we live. But she does not want and wants half of the business. I told her we would separate, and she could take more money than me from what we have earned and start her own online business but could leave the current business to me. She keeps saying that it was her idea and that she would like to have it. But where it becomes different is, even though it was her idea, almost 95% of the money invested in the business has come from my side. I do almost 75% of the work in the business. I try to develop and evolve the business as she comes with nothing new. It was my computer knowledge that helped us build the online business. Last but not the least, it is easier for her to find a job than me if one had to give up the business. So what do we do? We do not want to get into legal matters as we just want a clean cut separation from one another. We do not have kids but this business is being a problem for the separation. What do you guys think? Does just coming up with an idea of business qualify more for the ownership of the business than full investment and full dedication?

Are you guys married? Do you have a joint bank account? Is the business registered? Who is the legal owner?

Without these info it is hard to give you legal advice.

We are married. The business is registered under my name. But if possible, we would like to not go through the legal path. We would like to end it in a friendly manner. But she is not wanting to let the business go.

Bro, keti nepali ho ki, khairini. u need to tackle in different way.

Yes, give her half of the business and half of your property as well. you guys are married , come on. 

prenup would have been a gud way to go then . If u 2 are working n there is no clear distinction of who is what . It is up to you guys to agree on what to do. You can go thro small claim legal office . like the TV show if u don;t want to go thro court. Therefore, it is always gud 2 have a job description or something written. If u were 2 keep business u should have bought the business and employed her. That way it would have been to your will whether to keep or lay her off. Now u need to share everything out of business especially if u have joint account. You guys don;t even need to be married. Once u r living on same place for long time with same address , it is possible for any other living partner to claim property. Hope this info helps ..

 

I do not even mind giving her 70% of our property if she can let me have the business. I have invested a lot of money on the business and have worked hard to get it known that it is hard for me to give it up and start from ground zero. With her limited knowledge on IT she will not benifit much from having our online business and the business will die slowly. So I wanted to keep it but she keeps saying it was her idea. But all the money and knowledge was mine.

She deserves half of everything, c'mon be fair and you guys are married,  you could have invested anywhere else why her idea? 

Many people have grand ideas but nothing happens due to lack of implementation. It is possible that her idea would never have taken off if you hadn't done it. It is a tough situation. Good luck.

I did not get it" she would get a job easier and faster than you do"? Why you would not be if you were the smartest  and you are the one who generated the idea first. 

Only option I can see for you is to buy her out... Get an independent valuation... and pay her half of what that is... If she does not agree to that, you will have decide how much more you are willing to pay. If she wants to have the business at all costs, then you should negotiate with her to get as much as you can for her to buy you out... If all else fail, I don't see a way out except going to court... But even then, you will still be negotaiting. The court will not tell you who should get the business... You have to sit down and talk... No alternative to that...

Dear Maha-Shakti,

If she is not willing to give you half your business as you are saying here then i think it is on the best interest of you both that you go the legal way. Because if she wasn't so adamant about it on the first place then i am sure she would have negotiated on to something. So, in my opinion legal way is the best way to deal with this problem.

Thanks

whats your website/business?

This is a community property (In the US joint property of the family) issue. In the US property acquired during marriage period is deemed to be community property, hence, is split half-half.

However, the court will determine the source of the property in dispute. Here, you have mentioned that the business was her idea where majority of the the investment, tasks and expertise belongs to you.

Court will look into the fact that the Business has flourished because of the community labor (husband and wife's labor). The business is a community property not a separate property, based on your facts.  Hence, The community will reimburse for the cost of labor for both husband and wife and also reimburse the investment amounts (both cash investments or $$ worth intellectual ideas) to the investors. The remaining will be split 1/2 between you.

Hope it helps. Please also note that some states do not follow community property laws.

You might be right Santosh, but I would like to counter argue.  i think your assessment would have been right if they were not married. However, they are and the judge might rule in her favor. So, keep out of court.

Maha-Sakti, if I am right then Santosh has the most legal precedence over everyone else here. However, no one knows your situation, and all we can do is speculate. Even, if we suggest you the right path (though the probabilities are slim with the given information), you have your emotions to take care of, which you have not expressed or will not express and as a result might end up doing something totally different.

Finally, I would say take all (as much) the money. Give her what she wants. If you don’t then it is eminent that you will end up losing more then what you would have, otherwise. Start the same/similar business, if you feel like. Also, keep out of her sight, change city- if possible.

 

Thank you guys for your suggestions. Looks like I would need to settle this in court. I proposed her 70% of our personal property and she has declined. I am even willing to go 90% so that I can keep the business. But I doubt it will be useful. She is all aware that until one of us has the business she/he can always generate good money. This is why she is so admant about it. But what she does not know or does not care about is, she does not have the kind of knowledge and skill (IT) to grow it. I do and I want the business to evolve, and I can do it.

Anyway thanks guy......

Are you going to divorce after that case or just separated?

maha sakti jyu.. kasto Khalko business ho ra tyo? khoob jigyansa jagyo.. hami harulai pani bhanidiye hunthyo! hamiharule pani testai start garna sakchaun ki... :( nabhaye just bhanidinu matrai na hajur harule kasto type ko online business kholnubhako rahecha! jandai ma ta k nai bigrincha hola ra? harmo Nepali daju bhai harule pani yesto garnu bhako rahecha bhanne lagcha