Open a couple business It represents one of the plans that many people make when they find themselves in a loving relationship, whether due to trust, life plan, need or other factors. However, if the relationship comes to an end and the couple cannot reach an agreement, questions arise about the rights of both in this type of case.
For this reason, La República spoke with Dr. James Rodriguezlawyer and president of the Peruvian Legal Defense Society, in order to know the steps to follow in case a couple of people are married or do not have a business and their relationship has ended.
What to do if the couple is not married?
When the couple is not married and they end their love relationship, what is recommended is to reach an agreement through conversation. For example, if the couple decides to open a restaurant and one of the parties invested S/20,000 and the other (invested) S/10,000 in goods such as tables, kitchen, utensils, etc., they must talk and come to an agreement, if not achieved, They must go to a conciliation, which has the level of a judicial ruling, in which the conciliator will generate a conciliatory agreement, that is, if one puts 70% in cash and another 30% in goods, each one has the percentage you have put.
The settlement agreement is like a court ruling. Now, in case there is no agreement, they must reach a judicial process and demonstrate before the judge what each one contributed. For example, if for the business one of the parties took out a loan of S/50,000 and went to a bank. There is your loan as evidence to contribute to the business, the same that will be considered by the judge, who based on what each of the parties can demonstrate will indicate what corresponds to them.
What is the solution if the couple is married?
If the couple is married, we would be talking about a regime called community property, in simple words, everything that is done is achieved or the increase in assets within the marriage belongs to both parties of the couple, so it corresponds to them. 50% each, what in the United States is called “fifty-fifty.”
Even if one of them has not contributed 50% or has not contributed anything, it is considered, except that at the time of marriage they have assumed a division or separation of assets, which would prevent the assets from being ‘confused’.
Likewise, the Soy Entrepreneur portal recommends analyzing the following points:
- Seek professional support.
- Ask advice from people who have been through the same situation.
- Evaluate the dissolution of the business no matter how successful it may be.
- Separate private life from work relationships.
- Establish distance.
- Maintain a cordial and cooperative relationship if they decide to continue the business.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
