Business Partnership Question

Business By notjustcake Updated 28 Mar 2007 , 8:34pm by notjustcake

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notjustcake Posted 28 Mar 2007 , 4:39pm
post #1 of 7

Can I have a business partnership with my husband we think it might help in the future for when we get ready to have a cake shop he would be the one getting any loans. I am trying to get my business started. Thanks

6 replies
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kdkamp Posted 28 Mar 2007 , 4:49pm
post #2 of 7

I don't think it would be a problem. My husband an d I are thinking about doing that too.

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whimsette Posted 28 Mar 2007 , 5:22pm
post #3 of 7

I don't think any state restricts spouses from forming a legal business partnership.

There are tax considerations on top of the regular business partnership legalities.

Some good resources for you:

http://www.irs.gov/businesses/small/article/0,,id=97732,00.html
http://www.smartmoney.com/tax/tips/index.cfm?story=taxtip-13
http://www.inc.com/articles/1999/10/14677.html
http://business.lovetoknow.com/wiki/Partnerships:_Husband_And_Wife
http://www.nfib.com/object/1584111.html
http://www.thehawaiichannel.com/smallbusiness/8037653/detail.html


Quote:
Originally Posted by icingandsprinkles

Can I have a business partnership with my husband we think it might help in the future for when we get ready to have a cake shop he would be the one getting any loans. I am trying to get my business started. Thanks


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indydebi Posted 28 Mar 2007 , 7:08pm
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Is there a particular reason "he" is the one getting the loans?

When I set up my LLC, I told the attorney that I didn't care how it was set up as long as I maintained 51%. He asked me,"Why do you need anyone else at all?" and went into a pretty good explanation of the problems and issues that can come up (i.e. I may own 51% but if my 49% partner wants to sell out, I either have to come up with the money or be stuck with someone I dont' want to work with). He said unless it was absolutely necessary for someone to be a co-owner, he'd recommend that I be a single-owner LLC. I could hire anyone I wanted and making them a VP if I wanted, but control of the business would be mine.

Check with your attorney to determine what will work best in your situation.

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notjustcake Posted 28 Mar 2007 , 7:54pm
post #5 of 7

I don't know why he wants that now I think he thinks he wants a piece of it cause he thinks we both accomplished it which he did, he did watch the kids while I took my classes and still does. it is our business anyways what's mine is his if we divorce is his anyways no pre nup so I don't know why he said "you might need my name there in case I have to apply for a loan when we get ready to open a bakery" I think it should be my name on there and he should continue to support me so I can be successful his name doesn't have to be on the paper for him to feel ownership... he doesn't bake at all so that's why I asked if he needed to be the partner in order to be able to get us loan for a bakery in the far future because we always use his credit mine is as dead as my 8 year old's credit and have not bothered to do anything about cause there has been no need to do it may be I should start now I do have untilities a couple of them in my name I'm really confused at his request and from what I have read it really makes it more difficult to have your spouse as a business partner

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indydebi Posted 28 Mar 2007 , 8:04pm
post #6 of 7

My business loan was approved in my name only. My husband signed the loan with me because we were using the house equity and since he has interest in the house, he had to sign his ok to use his share of the home as collateral.

ANYONE with good credit can sign for a loan with you. I don't believe they have to be an owner of the business. Again, this is a question your attorney should address.

My ex-husband tried that "WE" do weddings stuff. During the divorce, he wanted half the income ..... but he wanted nothing to do with paying half of the expenses or doing half of the work! I told him, "I can run this business without you, but without me, there IS no business!"

Point out that as a sole-woman-proprietor, you could qualify for special funding and loans more easily (although be aware that contrary to popular belief, no one is standing on the street corner just DYING to hand out business loan checks to every woman that walks by! It's not as easy as they make it sound!). It sounds like he's a little insecure about how well you might do without him. icon_rolleyes.gif

(Could you help us older readers out and add some punctuation to your posts? That would make it much easier for us to read!) icon_wink.gif

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notjustcake Posted 28 Mar 2007 , 8:34pm
post #7 of 7

I know icon_redface.gif the grammar, thanks for the advice. I got the same feeling too from him.

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