Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the LLC is still intact and there was no MSA. Post divorce we continue to split money that comes into the LLC though so far it is 100% from my labor. (He has worked on marketing plans for a future software launch.)

I learned he borrowed over $100K from the other partner/family member while married.

Can I quit the LLC? (I don't think there is an operating agmt.)

Do I owe on $ he borrowed "as the LLC" while married?

Does he own any future earnings from the software I made?

Can I open a dif. bus. in my new state (AZ), sell same software & service same clients to cut him out?

Can I use the Trademarked business and software names for new bus. if he won't agree for current LLC to sell TMs to me?

1 Lawyer Answer
Karima Gulick
Karima Gulick
  • Trademarks Lawyer
  • Irvine, CA

A: you need a business attorney and possibly a family lawyer as well.

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