2001 Minnesota Statutes

     323.24 Nature of a partner's right in specific 
  partnership property. 

    A partner is coowner with the other partners of specific 
 partnership property holding as a tenant in partnership. 

    The incidents of this tenancy are such that: 

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

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

    (3) a partner's right in specific partnership property is 
 not subject to attachment, garnishment 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, except as 
 specifically authorized under exemption laws; 

    (4) on the death of a partner that partner's right in 
 specific partnership property vests in the surviving partner or 
 partners, except where the deceased was the last surviving 
 partner, when the deceased's right in such property vests in the 
 deceased's legal representative; such 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; and 

    (5) a partner's right in specific partnership property is 
 not subject to dower, curtesy, the statutory interest of a 
 surviving spouse, or allowances to a surviving spouse, heirs or 
 next of kin. 

    HIST: (7408) 1921 c 487 s 25; 1986 c 444; 1988 c 490 s 1 

*   NOTE:  This section is repealed by Laws 1997, chapter 174, 
*article 12, section 68, as amended by Laws 1998, chapter 262, 
*section 12, effective January 1, 2002.