If my wife went into business with someone else then sold her half of the business to the other co-owner, is she legally still on the hook for business?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my wife went into business with someone else then sold her half of the business to the other co-owner, is she legally still on the hook for business?

My wife owned a salon. She went halves with her sister but then after a few years decided to get rid of her share of the business to her sister. They leased a space and we asked to get taken off the lease. Is my wife still legally bound to that lease even though she’s not part of it?

Asked on June 5, 2012 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your wife would likely still be legally bound to the lease unless the landlord agreed to let your wife off it--to remove someone from a lease requires the consent of all parties to the lease, including the landlord.The landlord doesn't care what's happening with the business--all he cares about is getting his rent from whomever is on the lease, which is legally entitled to.

However, if the sister agreed to take over the lease from your wife, your wife may be able to enforce that agreement, such as by suing the sister for your wife's share of the rent, if the landlord tries to recover the rent from your wife or your wife has continued paying it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption