§ 7-60-125 — Right in specific property

(1) A partner is co-owner with the other
partners of specific partnership property holding as a tenant in partnership.

(2) The incidents of tenancy in partnership are such that:

(a) A partner, subject to the provisions of this article and to any agreement
between the partners, has an equal right with the other partners to possess specific
partnership property for partnership purposes; except that a partner has no right to
possess such property for any other purpose without the consent of the other
partners;

(b) A partner's right in specific partnership property is not assignable except
in connection with the assignment of rights of all the partners in the same property;

(c) A partner's right in specific partnership property is not subject to
attachment or execution except on a claim against the partnership. When
partnership property is attached for a partnership debt the partners, or any of them,
or the representatives of a deceased partner, cannot claim any right under the
homestead or exemption laws.

(d) On the death of a partner, the deceased partner's right in specific
partnership property vests in the surviving partner or partners, except where the
deceased partner was the last surviving partner, when the right in such property
vests in the deceased partner's legal representative. The surviving partner or
partners or the legal representative of the last surviving partner has no right to
possess the partnership property for any but a partnership purpose.

(e) A partner's right in specific partnership property is not subject to dower,
curtesy, or allowances to widows, heirs, or next of kin.

Legislative History

Source: L. 31: p. 657, � 25. CSA: C. 123, � 25. CRS 53: � 104-1-25. C.R.S. 1963: � 104-1-25. L. 2004: (1), (2)(a), and (2)(d) amended, p. 1426, � 84, effective July 1.