I don’t know if I am posting this in the right place but anyway…..

I am after a bit of advice. I have a business (bar cafeter?a) which is set up by means of a comunidad de bienes. My partner has financial problems, due to a number of reasons too long to list, and is almost certianly about to have an embargo placed on his house and assets sooner rather than later.

Before I go any further,  should state that there are no confidence issues here, as we have known each other for 25 years and have worked together in the past!

Now, as is usual here, we have receieved conflicting advice as to the legal implications (as pertain to the company). Some gestores say that the comunidad de bienes cannot be affected by any embargos placed upon one of the partners (in other words, the embargo cannot be extended to include up to 50% of the busnesses assets). Other gestores believe that the business can embargod as well and that the best way forward is to put everything in my name, in other words, by means of my operating as an empresario individual (aut?nomo).

Now,  am inclined to go for the second (worse case scenario) possibilty.

So, I have two questiosn, really:

a) What does is the law really say regarding comunidades de bienes and the personal debts of on of the socios?

b) If we try to change the whole enterprise from a comunidades de bienes to an empresario individual, putting my socio on contract, does this mean closing the comunidad and starting the whole process again, with all the expenses that that would imply, or is there a simpler way - of trading under the same name without changing the licencia de apertura, etc., etc.

Any advice gratefully receieved.

Richard

PS I have been living in Spanish speaking countries for 25 years and am bilingiual so will not have a problem looking through sites written in castellano.