How To Break Up A Business Partnership

Published by Mike Michalowicz (Google+)

Unfortunately business partnerships are a little too much like marriage... about 50% (or more) end in divorce.  Here is what you need to do before, during and after a business partnership breaks up:

1. A Little Too Late

How To Break Up A Business Partnership:
If you are asking this question at the point of dissolution you're already too late. Ok, not TOO late but pretty damn late to make things easier on yourself. If you are thinking of forming a partnership you would be best served at the initial stages to discuss what it will look for you and your partner in the future if and when you chose to dissolve the partnership. Think of it as a PreNup for your business and don't start a partnership without it.

Thanks To: Kirsten Mahoney of Insight Out Life Coaching

2. Marriage Without A Prenup!

How To Break Up A Business Partnership: Most partnerships begin as friendships and grow into a business or marriage. A partnership without a prenuptial agreement is doomed, and most certainly headed for a messy divorce. In the beginning partners should create formal contracts spelling out terms and condition if a split happens, like a marriage prenuptial. When conflict arises, without a plan, partnerships fail.

Thanks To: James Taylor of Taylored Athletes, Inc.

3. Tell It Like It Is

How To Break Up A Business Partnership: I have had several partnerships and they have all turned out badly. Over the years, I have learned from my own mistakes so feel I can advise wisely. I think the best way to end a partnership is to be honest with yourself about WHY you want to end it so you can be honest with your partner. Everyone has the right to the truth, so if you express your real feelings and don't just blame them for failing, or whatever they did, it usually goes a bit smoother. Let's face it - no one wants to be dumped.

Thanks To: Sarah Shaw of Entreprenette

4. No Partner, No Cry

How To Break Up A Business Partnership: Even the best, most invested, relationships can end if circumstances change enough to disrupt the fundamentals. It's best to be mature, recognize that better things are ahead, and move on.

Thanks To: Ted Marcus of Telescope Binoculars .com

5. Before It's Legal...

How To Break Up A Business Partnership: They say "never become business partners with relatives or friends." That leaves strangers. Hmmm. My friend and I started a business years ago. She was my manager at our previous company. We already knew we could have a difference of opinion, talk it out and come to agreement. At the start of business planning, we discussed the "end game." We vowed we wouldn't let the business destroy our friendship--and meant it. We included "buy-out" options in our organizational minutes. We're still friends.

Thanks To: Susan Hawkins of My Wedding Favors

6. Ask And They Will Receive

How To Break Up A Business Partnership: Ask them exactly what they want from the remains of the partnership and to put it in writing. Do your best to accommodate them and move on your way. If they come back later asking for other things you will have it in writing.

Thanks To: Derrick Hayes of WOE Enterprises

7. Partner Or Boss Or Spouse?

How To Break Up A Business Partnership: Since I've always had an investment in any company I worked for, in many ways and considerations, I have always had partners. If things start getting tricky, consider mediation. The idea is to walk away like Cohan (Cagney) in "Yankee Doodle Dandy" with a handshake and smile.

Thanks To: Monica Tombers of Just So!

8. Be Honest, Direct, & Assertive

How To Break Up A Business Partnership: Like any relationship - a partnership can come to an end. The problem comes up when both sides don't agree on that fact. But, again like any relationship, being honest, direct and assertive (not aggressive) will work best. It's really the only way.

Thanks To: Ted Marcus of Telescope Binoculars .com

9. Just Like A Marrage

How To Break Up A Business Partnership: Design it! Figure out what is the WIN-WIN for both parties. Just like when forming the partnership there was a structure that worked for both, there is one here too as you go your separate ways. What one break up looks like is not what another one looks like. Relationships are all different. Dig deep, be curious with each other to find the win-win to end the relationship. It is possible to make it work and work well!

Thanks To: Lorin Beller Blake of Big Fish Nation/Lorin Beller & Co.

10. Plan Ahead, Fred

How To Break Up A Business Partnership: The best way to be prepared for a breakup is to plan it before the honeymoon is over. As a part of your formal partnership docs (you do have those, right?) include a buy/sell agreement. It’s much easier to be clear-headed about this when you’re still pals. The simplest form of a B/S goes like this: Party A (having determined that a breakup is needed) names a price that s/he is willing to pay or be paid for the company. Party B gets to say whether they will buy or sell at that price.

Thanks To: Amanda Lorenzo of Runt Farm

11. Dot Your I's & Cross Your T's

How To Break Up A Business Partnership: In other words, hire a good lawyer who will see to it that all of the proper documentation and signatures are in place. Dissolving a partnership can be emotional, especially if you have become good friends. A hug and a handshake may feel right, but you've got to protect yourself legally. You never know when your ex-partner may come a'knockin in the future, when your business has grown exponentially due to all of YOUR efforts. Those trusty papers will serve you well long after the warm embrace.

Thanks To: Karen Gallagher of The Lollipop Book Club

12. Make It; Take It; Break It

How To Break Up A Business Partnership: Like the wealthy bride- or groom-to-be, who insists on a prenuptial, the businessperson contemplating a partnership should insist on a contract that includes the process for dissolution. Whether one or both partners wish it, the contract should have a fair and fairly-easy-to-exit clause for ending the partnership. Take it in hand and use it. If you don't have one, contact an attorney to help you achieve an equitable, if not harmonious, break-up of assets--as a divorce lawyer would.

Thanks To: Marlene Caroselli of Center for Professional Development

13. Plan For Disolving

How To Break Up A Business Partnership: The key to an easy dissolution is prior planning. Set up a partner agreement detailing what each person is responsible for and what decision making power each has as well as what must be done jointly. Also specify how disagreements will be resolved. Put it in writing and follow it. Without it you have a messy divorce and too much money going to other people.

Thanks To: Harriet Cohen of Training Solutions

14. Get A Prenup

How To Break Up A Business Partnership: Almost every partnership will split at some point, even for good, happy reasons. When you start a partnership, whether you are working together to produce a single event or going into business long-term, you should spell out the conditions of the partnership, how the work/money will be split, and the methods by which you will part ways. Have the breakup conversation first!

If you agree that a partnership is often like a marriage, you'll see the wisdom in getting a prenup.

Thanks To: Betsy Talbot of Married with Luggage

15. Plan For That Bad Day

How To Break Up A Business Partnership: Have a dissolvement plan, in writing, when you begin the partnership. Then when the time comes to say good-bye, be gracious. There was something powerful that brought you together in the first place. Honor that and honor that people grow in different directions. Wish each other well...you never know when your paths might cross again.

Thanks To: Ann Ronan of Authentic Life Institute

16. Inside Out

How To Break Up A Business Partnership: Be totally honest with yourself about why this situation is not working for you. What part(s) in the situation did you play (even if it's a simple as that you chose the wrong partners)? This will help you articulate what your reasons are for needing to terminate. It gives you a chance to back up and review, looking at the story from each person's perspective.

Thanks To: Barbara Hranilovich of Hranilovich Illustration

17. Don't Be Inert; Go Organic!

How To Break Up A Business Partnership: I use the positive approach. Instead of focusing on the issues that are causing me to spilt with my business partner, I demonstrate that by changing the paradigm we are working we would be much better off as separate businesses in our areas of strength and support one another as independent entities. This sort of dissolution-restoration philosophy has worked well for me throughout my 15+ years of entrepreneurship.

Thanks To: Janine Bolon of SmartCents, Inc.

18. Aim For An Amicable Parting

How To Break Up A Business Partnership: - figure out the total debt of the business
- split it fairly
- pay your share or come up with a payment plan
- communicate everything through the process, especially feelings but not in an angry or accusing way
- remember everyone is unhappy, not just you
- value the relationship with your partner

My former biz partner is still a super close friend and was my maid of honor recently! It is possible to split up partnerships and still remain friends!

Thanks To: Susan Von Seggern of SvS PR

19. Break-up Better Now Than Later

How To Break Up A Business Partnership: A business breakup is similar to a divorce. One of the most common things you hear after a divorce is the parties lamenting that they should have done it sooner and all the signs were there, etc. Truth is, in business, there are also signs and like a divorce people will often stay in a bad business relationship or a marriage for that matter so as not to have to confront the emotinal difficulties not to mention financial ramifications that ensure. Nevetheless..better now than later!

Thanks To: Craig Wolfe of CelebriDucks

20. Be Willing

How To Break Up A Business Partnership: Any type of business relationship is like a marriage. You use to talk.... do it now if this option is still open. Communication is a step in the right direction. However, if all rational thinking and emotions can't be found, be willing to walk away..... and by walking away, I mean, move forward.

Thanks To: Carolyn Bartz of LIVING YOUR PASSION

21. Try Not To Take It Personally

How To Break Up A Business Partnership: Business is business, and that is never more true than when it is broken. If you are dissovling a business relationship that was formed without a contract, then you have some negotiating to do - just like a divorce.

The best thing you can do is keep it professional. Take the high road, keep to the facts and the issues at hand, be fair, and get on with it.

I have lived through two business separations, and although they weren't pleasant, by focusing on business, they weren't ugly either.

Thanks To: Ellen DePasquale of Efficient Office Computing

22. Built In An Exit Strategy!

How To Break Up A Business Partnership: Agree at the beginning of your partnership to have an exit strategy in place with the terms spelled out along with the selection of one attorney who will work in the best interest of the business and all parties involved!

Thanks To: Stacey Kannenberg of Cedar Valley Publishing

23. Rip Off The Band Aid

How To Break Up A Business Partnership: Ouch ! This one still hurts for me ..even writing about it....I have just done this no more than a few weeks ago. The WORST part was the part beforehand.Thinking about it. Mulling it over. Anticipating the conversation etc. A yoga class I went to recently taught me that you must learn how to FEEL COMFORTABLE IN AN UNCOMFORTABLE position.You do it..it hurts, its UNCOMFORTABLE, but then its done. You move on,you live with your decision.You know, doing the RIGHT thing doesnt always feel good.......

Thanks To: Rachel Gaffney of RachelGaffney'sAuthenticIrishGoods

24. Find A Win For Your Partner

How To Break Up A Business Partnership: Try to find a Win for your business partner. Could you check in with them to get their advice on a certain topic, once per quarter? Is there something of value you can provide them, that doesn't hurt your business? Find a way for them to feel as if they gained something. They might not accept your offer, but they will appreciate being appreciated.

They were your business partner at one time and provided some type of value. Balance that value with the need to protect your business and move on.

Thanks To: Pamela Hawley of UniversalGiving

25. Work Alone!

How To Break Up A Business Partnership: Based on my experience...it's better to work alone and not even to get into a business partnership. It's uglier than a divorce and usually hard to recover from. Work alone and have some strategic alliances and collaborative projects, but don't give away any of your company or your freedom.

Thanks To: Meggin McIntosh of Emphasis on Excellence, Inc.

26. Pre Nuptials Rule The Day

How To Break Up A Business Partnership: The easiest way to break up with a business partner is to have it in writing before hand. Think of it as prenuptials for business. Preparing for the end of the business before it begins is the wisest way. It does two things for you. Forces you to think about measureables that define success and provides an acceptable way to end. All partnerships eventually even if death. Be prepared ahead of time and makes life easier for everyone.

Thanks To: Scott Lovingood of The Wealth Squad Inc

27. Practice The Golden Rule

How To Break Up A Business Partnership: Whether it's assets, clients, or resources, be fair and honest in your treatment of your partner. Regardless of how ugly it's gotten, you can maintain your integrity by being completely honest, giving your partner what she or he is due and treating your partner the way you wish to be treated. It's sometimes easier said than done, but it's very necessary for you to maintain your self-respect and prevent unnecessary burned bridges and bad blood. Don't give them any reason to slander you later!

Thanks To: Lisa Bell of Life With Inspiration

Compiled by Mike Michalowicz, Author of The Toilet Paper Entrepreneur

Category: Money & Equity
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  • http://www.breakingthe9to5jail.com Devesh

    Care is better than cure. The key of course is identifying the right partner. Here are a few don’ts:
    - Do not partner with someone just because s/he has the money.
    - Do not partner with close friends and family, unless they are equally excited about the business as you (Basically, don’t have them ‘doing you a favor’)
    - Do not try to profit from the partnership (try finding a partner who you can have a win-win partnership with)

    Once you decide who you’re going to partner with, focus on marriage, not the wedding. Stay as transparent and loyal as possible.

  • http://www.breakingthe9to5jail.com Devesh

    Great post, Mike.

  • http://www.street-spotted.com Caroline

    Such perfect timing. My partner and I aren’t ‘breaking up’ per se, but we’ve been discussing the possibility of it. A business IS really like a marriage!

    As always, honesty is the best policy.

    -Caroline

  • Dan

    man, i am going through it,or thinking about it very aggressively, both us partners are now for the 3rd time not communicating about almost anything, just sullen faces stare at each other in the office. he wants to invest in an unproven project and even get home equities in there and i want the business to expand in the product and direction we are in already – what to do, just so very challenging….on top oif that he is my sister’s husband.

  • Mike Michalowicz

    @Dan – I have been through it myself (minus the sister’s husband part – that makes it messy). It is the hardest thing in the world. Welp, if you want I will gladly talk with you and share my experiences (totally gratis). So if you are interested in discussing, just leave a comment here and will connect. Wishing you the best!

    - Mike

  • KEVIN

    hi im going though it now my partner in debit with tax at £41, thousand pounds he now not spilting the profits we havent got a contract in place help

    • http://www.ToiletPaperEntrepreneur.com Mike Michalowicz

      @Kevin – thanks for the transparency and feedback. Wishing you and your partner success!

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  • http://none joann pipkin

    Extremely complicated business, my daughter started a printing business because her spouse lost his printing job along with another guy, they had a “quite business partner” that financed the equipment, and it is all paid for. A contract has “never” been done. Now its become a manic mess i that daughter/spouse are divorcing, he walked out on her and kids, and demanded she not be at her own shop, so, she set up at home, but cant access quickbooks, its become a living nightmare. The so called quite partner has senet her a letter from his attorney accusing her of embezzling money! You see, her spouse & the other guy NEVER wanted her involved as bookkeeper or anything even though if it werent for her getting accounts there would be NO business! The 2 guys drink booze all day in the shop and leave beer cans all over and it is completely insane and embarrassing for my husband to(who is a partner) when customers come in and there are beer cans all over the shop! There have been some confrontations but, they still do it! As far as this letter from silent partner accusing my daughter of embezzling, let me explain! At first, she was only taking a small weekly amount, not eve enough to pay her RENT on her house, she has sacrificed EVERYTHING to get this business up and going, SHE HAS “never” embezzled! After they split up, she was advised by her attorney to take the same weekly amount as spouse, my hub and the other kid. When she started doing this, thats when she is now being accused of this! Now, in the beginning the partner that financed the equipment, told her there was NO way she was going to work for such little money and at the time he told her to take at least $2K a month, so, this has happened, she has 3 kids to raise and the jerk she was married to, when he walked out 5 mo ago, he hasnt paid a penny for child support for his son, the other 2 kids are from diff marriage, instead he started taking money from business and getting huge tattoos, and writing large checks for weekend getaways, hotels and broads! So, who is embezzling? Cant she file a law suit against the guy that finance the equipment, for slander? They want the x-spouse out of the business for he is a drunk and in fact has a pending court date for yet another DUI! He is going to ruin the business, my hub is so stressed out because he feels he’s working with KIDS instead of mature adults! It is SO complicated what is going on! Her x isnt even on the business license at all, nor is his name on the state sales tax, ect.. BUT, the other kid (partner) his name is on the business checking account along with my daughter, my hub, but not her x! Could they close that account on there own without his knowledge or permission! LOL! ridiculous! ALSO! We all have some DIRT on him in that when his company went under, he got on there business PC and copied ALL business contacts from his employer to use for the new business! NOW, who’s doing illegal stuff here?? Hmm! I’ll tel you what, my daughter/hub are honest hard working people, shoot, in the beginning, my daughter/hub did ALL the solicitating accounts while her hub/other kid sat in the print shop and drank BEER and played on myspace!!! It is sickening literally! My daughter has lost 30lbs since all this stress! How, can they get RID of the X and other kid? They are NOT business material! Seriously, need advise! The business is bound to fail because of all this childish drama! Like i said, there is NO signed contract, it never got done and its been 1 1/2 yrs already! We dont understand what is going on an why that silent so called partner sent this letter to my poor daughter! What could be going on? I know this much, the silent partner, her x and the kid go out nearly every night and get plastered! So, this certainly tells us they are doing something to rid of my daughter! SHE has DONE nothing WRONG, it is the X that is embezzling and blaming HER! Anyone please, if you have sound advise please HELP! Now, remember the silent partner is completely paid off and there is NO contract! Thanks!!

    • http://www.ToiletPaperEntrepreneur.com Mike Michalowicz

      @Joann – Youch… that is a disaster. Get an attorney involved ASAP. From the looks of it, it is going to get more complicated and more agitated every day… and one thing is for sure, logic will NOT prevail. Get protection ASAP, and an attorney is the way to go.

  • Shelley

    What if your best friend asked you to become partner in a business idea that you both shared and worked on to make it become a reality and then one day, after months of research on my end that he requested me to do, he decides to cut me out the business partnership and doesn’t tell me for a month. I kept emailing him to get answers as to what was going on and he wouldn’t reply. He took on his guy friend as his partner and totally removed me from all aspects of the business. This was to be a 3 way partnership. My best friend said I was asking too many questions in the beginning and he couldn’t deal with it. So he cut me out. I feel totally hurt and disrespected first as his friend and then as a potential business partner. How could a best friend do that to another without thought of how I would feel about this? I just cannot understand this. To this day, I get no answers from him in what little communication is left between us. I put so much of myself into that business plan only to be removed in an instant.

    • http://www.ToiletPaperEntrepreneur.com Mike Michalowicz

      @Shelley – What a horrible experience. I hate to say you ain’t the first. Business brings the best and the worst out of people. I am a fan of avoid partnerships.

  • http://hhh vinay

    One if my good friend called me in to the business for a partnership and to invest some for some % of partnership. and made aggrement of paying some amount every month. i am not a working partner but helpend him in many ways like arranging fund from outside and also getting business. now the company is establish and my partner want to attach our form in to the big form and removing me for the partnership.
    our partnership business went about 2 years and i have not taken single penny fron the company.

    Now i am confused what shound i ask with him when i am coming out of partnership. i am happy about his growing. and also sad that that i am in loss…..

    • http://www.ToiletPaperEntrepreneur.com Mike Michalowicz

      @Vinay – He (or she) needs to buy you out of your equity %. One common way is to get a 3rd party valuation (they tell you how much your company is worth) and then your partner buys you for that amount. I would encourage you to start talking openly with your partner now and do everything you can to come to an agreement fast. If lawyers get involved, it can become a real mess.

  • Lebron

    hi there i am in my first business with a business partner, the business runs successfully and has been for the past 3 years. now we have decided to open a second business but this time with her husband involved. the first business stays as a partnership and the second business is a company with each of us having 1 unit each. i have also found myself doing most of the hours within the two businesses. i am unhappy with the situation and have decided to go my separate way…. just have to break it to the partners… any advice on how to go about the break up??

    • Mike Michalowicz

      Yowser… marriages and businesses rarely seem to mix well. I mean, I have seen some success stories, but not many. I suggest by starting off with determining what you want next. Meaning, don’t focus on the fact you want to break the partnership… the question is how do you want to move on. Then once you determine where you plan to be, back track to the current situation and start the negotiations.

      It is going to be sticky. But the longer you wait, the worse it will get.

  • Jack

    Hi Mike,

    I love your web site. Thanks.

    I’m in need of some advice. Any chance?

    Basically, I co-own a business and now I don’t want to be a part of it any more. It’s a small business which has inherently broken even. I’ve changed locations and pursued a new job and gone a new direction in life. My business partner has decided to dissolve the business in my absence. However, he’s not making any quick moves to do so…nor is he making moves to get me what I need to sign and un-attach myself from the business.

    My issues isn’t regarding any “buyout,” persae. (Let’s pretend like zero money has been made and the company is worth nothing.) I just want to wash my hands of it. I don’t want to be under liability with a business I have no control over.

    Any advice? Any direction you could point me in?

    Huge thanks,

    -Jack

    • Mike Michalowicz

      Jack – I sent you a private email.

      • Angela

        Hi Mike, I have a similar situation as Jack does and I notice that you emailed him privately if I tell you my exact situation can you please offer some advice?

        • Cesar

          Same situation here…could you please offer some advice?

          • Heatherndoray

            my fiance is in the same situation….small business, llc he is 50/50 with his brother who has stolen from the company and he just wants out but doesnt know how to do it….they outright own one shop, have a mortgage on another, and have a mortgage on a piece of land for investment together…hasnt walked away yet only because he doesn’t know how to and if he will have to file bankruptcy or not because his name is attached to everything……..any advice would be welcome and very much appreciated!

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  • Ree Ree 86

    Help,
    My sister and i started a cleaning business as equal partners, now as a result of a disagreement, she has fired me, is this legal?? does she have to buy me out or is there anything i can do about this

    • Anonymous

      Probably not legal (unless she has majority OR your operating agreement allows that provision). I hope you have an operating agreement and/or partners agreement. no matter way GET AN ATTORNEY!

  • creativeannie

    I have been in business with my fiance for nearly 5 years. I met him over 5 years ago. He was in debt, but had a great business already. I financed the start up from my divorce settlement and we lived on the divorce money for a couple of years, rented, paid private school fees, until we could pay ourselves a wage. Now are sales are about $500,000AUD a year, we are profitable, and we’ve been able to buy a house together. I believe I have put in about 70 – 80% of ‘sweat equity’, marketing, bookkeeping, filing, e-mailing, etc in the 5 years too. (He would never admit that).
    He is an alcoholic and I just can’t live with him anymore. He’s dabbled in a bit of help to stay off it and can at times. But I have two teenage kids. I nearly left him earlier this year.
    I don’t think I can split with him without emotion and stay business partners. I wonder if we can branch off and both get one or two of the arms of the business each. One branch is very new and has the potential to make quite a bit in the future. The other main branch is well established with guaranteed future earnings and thousands of leads but may not be as much. I am worried he might get very nasty, but I am happy to get a lawyer and already saw one earlier this year.
    After reading all the comments I think we need the business worth valued. I am seeing our accountant next week too.

  • Thomas

    Hi Mike,

    I started a brand at age 23 right when I got out of college. I started making tshirts and sold out of the first line. A few weeks later, a very wealthy family took interest in my idea and offered to invest into my company and turn the tshirts into a real business. They invested $20k into our company in 2010, we launched our brand one year later and for the past year I have been working full-time and working on the apparel company while my partner a stay at home mother, has been working when she choses on our brand, she claimed to have all this experience, when in reality nothing of substance. We have sold a few items, but the business is on it’s last leg, barely surviving as an online brand.Ultimately I would like to take my company/idea back into my own hands, and find new partners with young entrepreneurs who share the same drive and passion as myself. I feel trapped because she made the made the intial investment and owns 50% of the company, but has been so inactive the brand can’t move forward. It seems to me that she has checkout and since money isnt an issue in their family, I doubt it is a major prority in their lives. Our business is more of a “arts and crafts, PTA” sort of deal for her … in my mind. Advice please!

    Thomas