{"id":4809,"date":"2020-09-02T12:35:36","date_gmt":"2020-09-02T17:35:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/incorporation-and-legal-structures\/can-i-sue-my-business-partner-for-abandonment.html"},"modified":"2025-10-15T22:27:00","modified_gmt":"2025-10-16T03:27:00","slug":"can-i-sue-my-business-partner-for-abandonment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/incorporation-and-legal-structures\/can-i-sue-my-business-partner-for-abandonment.html","title":{"rendered":"Can I Sue My Business Partner for Abandonment?"},"content":{"rendered":"\n
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Can I Sue My Business Partner for Abandonment?<\/h1>\n\n
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\n By Kellie Pantekoek, Esq.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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You can sue your business partner<\/span> for abandonment if their departure causes harm by violating the partnership agreement<\/span> or breaches fiduciary duties<\/span> owed to you and the business. Legal action<\/span> may involve claims for breach of contract<\/span>, fiduciary duty<\/span>, or even fraud.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

\u00a0<\/p>\n

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Business partners<\/span> almost always start off their ventures with the best of intentions. Unfortunately, good intentions aren\u2019t enough to make a partnership last. When one partner decides to call it quits before the other partner is ready, the remaining partner<\/span> may wonder if they can sue for abandonment.<\/p>\n

In general, a partner is free to leave a partnership when they want to. Doing so will trigger a business dissolution<\/span><\/a>. The dissolution will take place according to the terms of the partnership agreement<\/span> or operating agreement<\/span> \u2014 or state law<\/span> in the absence of a controlling document.<\/p>\n

But, it may be possible to sue a business partner<\/span> who abandons the business if:<\/p>\n

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    The desertion is in breach of the <\/span>partnership agreement<\/span>; or<\/p>\n<\/li>\n

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    The departing partner<\/span> intentionally or inadvertently acted against the business\u2019s best interests for their own gain.<\/p>\n<\/li>\n<\/ol>\n

    This article outlines legal concepts that could make a departing business partner<\/span> liable to the other joint owners for the harms caused<\/a>. If you need targeted legal advice<\/span>, consider contacting a business attorney<\/span><\/a> near you for help.<\/p>\n

    Was There a Breach of <\/span>Fiduciary Duty<\/span>?<\/h2>\n

    Even though business partners<\/span> have the right to leave the business when they choose, absent specific contractual terms, they also have fiduciary duties<\/span><\/a> and other legal obligations to each other and the business itself.<\/p>\n

    Fiduciary duties<\/span> include:<\/p>\n