So they weren't contractors or employees, which makes this a giant mess to sort through.
Source: Almost 10 years ago I was in a situation that was shockingly similar to Daniel's.
Either one of us buys the other out, or we dissolve the business. He chose to buy me out and attempt to keep going, but the company folded less than a year after I left.
It wasn't quite a messy as this situation seems to be, but it was rough, as both of us had basically put everything we had into the business.
2-person startups are kind of platonic marriages, and as such splitting up is basically getting a divorce (at least in terms of mental stress).
edit: to answer your "what would I do differently" question, absolutely insist on getting a lawyer up front to draft all the paperwork and employment agreements (we didn't do this because it seemed so expensive).