Kentucky Revised Statutes

Ky. Rev. Stat. § 362.1-204 (2026)

When property is partnership property

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(1) Property is partnership property if acquired in the name of:

(a) The partnership; or

(b) One (1) or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.

(2) Property is acquired in the name of the partnership by a transfer to:

(a) The partnership in its name; or

(b) One (1) or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.

(3) Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one (1) or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership.

(4) Property acquired in the name of one (1) or more of the partners, without an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 149, sec. 27, effective July 12, 2006.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: Peoples Bank of Marion v. Nutrien Ag Solutions, Inc., No. 1:21-cv-00149 (W.D. Ky. Sept. 29, 2022).
Haymaker Dev. Co. v. Gatton, No. 5:20-cv-00478 (E.D. Ky. Jan. 28, 2021). “§ 362.1-204(4). But see Stephens v. Ainsworth, 437 P.”
Peoples Bank of Marion v. Nutrien Ag Solutions, Inc., No. 1:21-cv-00149 (W.D. Ky. Sept. 29, 2022). “KRS 362.1-204. As explained by comments to the model statute, this presumption may be overcome by evidence that the partner intended to transfer title to the partnership.”
Ky. Rev. Stat. § 362.1-204(4): 1 case
Haymaker Dev. Co. v. Gatton, No. 5:20-cv-00478 (E.D. Ky. Jan. 28, 2021). “§ 362.1-204(4). But see Stephens v. Ainsworth, 437 P.”
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