By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Partnership Attorney
NJ court of equity may order the dissolution of a partnership in cases where the partnership is constantly burdened by disagreements and arguments among the partners. The legal standard NJ courts use to determine whether to order dissolution of a partnership is if the quarrels and disagreements are of such a nature and of such a degree that all cooperation and confidence between the partners has been destroyed or where one of the parties so misbehaves that it prevents the proper conduct of the business of the partnership that is should not continue to exist. One example that the court highlights is a case where one partner continuously and for an extended period of time, was condescending towards and aggravating the other partner(s) to such an extent that discussion and settlement was not feasible. It seems from my reading of the case law – in simple terms – is that if you really hate your partner and he or she annoys you to no end – so much so that you can’t work and run a business together – dissolution is easily achieved and proper under the circumstances!
The courts of New Jersey specifically state that if one partner belittles the other and makes them feel less important, those very actions undermining what a successful partnership is mean to accomplish. Partnerships presume that all members of the partnership are on equal footing – all of equal importance. Once this relationship no longer exists, partnerships fall apart and then, in these unfortunate cases, a court may prefer the dissolution of the partnership.
To discuss your NJ Partnership matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at email@example.com. Please ask us about our video conferencing consultations if you are unable to come to our office.