Patricia Garcia and Bernardo Lucero were in a romantic relationship. While they were seeing each other, Garcia and Lucero acquired an electronics service center, paying $30,000 each. Two years later, they purchased an apartment complex. The property was deeded to Lucero, but neither Garcia nor Lucero made a down payment. The couple considered both properties to be owned ‘50/50,’ and they agreed to share profits, losses, and management rights. When the couple’s romantic relationship ended, Garcia asked a court to declare that she had a partnership with Lucero. In court, Lucero argued that the couple did not have a written partnership agreement. [Garcia v. Lucero, 366 S.W.3d 275 (Tex. App.—El Paso 2012)]
Did they have a partnership? Why or why not?
If you had advised the couple at the beginning of their relationship, describe the suggestions you would have provided about structuring their businesses.
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