Kansas Statutes Annotated

K.S.A. § 56-325 (2026)

✓ current as of May 2026
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56-325.

History: L. 1972, ch. 210, § 25; Repealed, L. 1998, ch. 93, § 76; July 1, 1999.

CASE ANNOTATIONS

1. Subsection (b)(5) applied; inchoate interest declared by K.S.A. 59-505 inapplicable to interest in real estate taken by legal proceedings; partnership property. Stauth v. Stauth, 2 Kan. App. 2d 512, 513, 582 P.2d 1160.

2. A partner's assignment of rights under a contract for the sale of a partnership asset was valid; affirmed. Wellsville Bank v. Nicolay, 7 Kan. App. 2d 172, 174, 175, 638 P.2d 975 (1982).

3. Partner-spouse as occupying very different position from that of spouse alone examined. In re Oetinger, 49 B.R. 41, 43 (1985).

4. Farmer debtor's wife, herself a farmer debtor, as not entitled to exempt farm equipment as tools of her trade examined. In re Goebel, 75 B.R. 385, 387 (1987).

5. Cited; charging order (K.S.A. 56-328) creating lien when served as superior to assignment constituting prior unperfected security interest noted. City of Arkansas City v. Anderson, 242 Kan. 875, 881, 891, 752 P.2d 673 (1988).

6. Whether debtor had interest in partnership property to use bankruptcy lien avoidance provision on property claimed exempt examined. In re Kane, 167 B.R. 224, 226 (1993).


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Notes of Decisions
Cited in 5 cases, 1978–1991 · leading case: City of Arkansas City v. Anderson, 752 P.2d 673 (Kan. 1988).
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City of Arkansas City v. Anderson, 752 P.2d 673 (Kan. 1988). · cites it 3× “” K.S.A. 56-325 covers the first category: a partner’s right in specific partnership property.”
In Re Oetinger, 49 B.R. 41 (Bankr. D. Kan. 1985). · cites it 2× “§ 56-308(a), in which each partner has an interest, K.S.A. § 56-325(a). A partnership is defined as an association of two or more persons to carry on as co-owners a business for profit.”
Wellsville Bank v. Nicolay, 638 P.2d 975 (Kan. Ct. App. 1982). · cites it 2× “” K.S.A. 56-325(b), pertaining to the nature of a partner’s right in specific partnership property, provides in part: “The incidents of this tenancy are such that: “(2) A partner’s right in specific partnership property is not assignable except in connection with the assignment…”
Stauth v. Stauth, 582 P.2d 1160 (Kan. Ct. App. 1978). “K.S.A. 56-325(£ )(5) provides: “A partner’s right in specific partnership property is not subject to dower, courtesy or allowances to widows, heirs or next of kin.”
Beech Acceptance Corp. v. Connell, 771 F. Supp. 1154 (D. Kan. 1991). “Connell’s interest in Wildflower. A partner has three kinds of property rights in a partnership.”
— K.S.A. § 56-325(a) — 2 cases
In Re Oetinger, 49 B.R. 41 (Bankr. D. Kan. 1985). “§ 56-308(a), in which each partner has an interest, K.S.A. § 56-325(a). A partnership is defined as an association of two or more persons to carry on as co-owners a business for profit.”
City of Arkansas City v. Anderson, 752 P.2d 673 (Kan. 1988). “” K.S.A. 56-325 covers the first category: a partner’s right in specific partnership property.”
— K.S.A. § 56-325(b) — 2 cases
City of Arkansas City v. Anderson, 752 P.2d 673 (Kan. 1988). “” K.S.A. 56-325 covers the first category: a partner’s right in specific partnership property.”
Wellsville Bank v. Nicolay, 638 P.2d 975 (Kan. Ct. App. 1982). “” K.S.A. 56-325(b), pertaining to the nature of a partner’s right in specific partnership property, provides in part: “The incidents of this tenancy are such that: “(2) A partner’s right in specific partnership property is not assignable except in connection with the assignment…”
— K.S.A. § 56-325(b)(3) — 1 case
Beech Acceptance Corp. v. Connell, 771 F. Supp. 1154 (D. Kan. 1991). “Connell’s interest in Wildflower. A partner has three kinds of property rights in a partnership.”
— K.S.A. § 56-325(fc)(2) — 1 case
Wellsville Bank v. Nicolay, 638 P.2d 975 (Kan. Ct. App. 1982). “” K.S.A. 56-325(b), pertaining to the nature of a partner’s right in specific partnership property, provides in part: “The incidents of this tenancy are such that: “(2) A partner’s right in specific partnership property is not assignable except in connection with the assignment…”
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