Mich. Comp. Laws » Michigan Compiled Laws / Chapter 449 / Act 72 of 1917
Michigan Compiled Laws

Mich. Comp. Laws § 449.25 (2026)

Partner; rights in specific partnership property.

✓ current as of July 2026
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UNIFORM PARTNERSHIP ACT


Act 72 of 1917


449.25 Partner; rights in specific partnership property.

Sec. 25.

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

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

    (2) The incidents of this tenancy are such that:

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

    (b) 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,

    (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 his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his 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,

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

History: 1917, Act 72, Eff. Aug. 10, 1917 ;-- CL 1929, 9865 ;-- CL 1948, 449.25

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1954–2024 · leading case: Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007).
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Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007). · cites it 8× “Moreover, pursuant to MCL 449.25: (1) A partner is a co-owner with his partners of specific partnership property holding as a tenant in partnership; (2) The incidents of this tenancy are such that: (a) A partner, subject to the provisions of this act and to any agreement between…”
Stroebel-Polasky Co. v. Slachta, 308 N.W.2d 273 (Mich. Ct. App. 1981). · cites it 8× “MCL 449.25; MSA 20.25. Defendants contend that the mortgage was not an "assignment” by Dominguez, prohibited by MCL 449.”
Backowski v. Solecki, 316 N.W.2d 434 (Mich. Ct. App. 1982). “MCL 449.25(2)(b); MSA 20.25(2)(b). Thus, to the extent that plaintiff seeks to enforce the conveyance as an assignment of Solecki’s right in the property, such assignment is prohibited.”
Off. Unsecured Creditors' Comm. v. N. Trust Co. (In Re Ellingsen MacLean Oil Co.), 98 B.R. 284 (Bankr. W.D. Mich. 1989). “Laws § 449.25 (Mich.Stat. Ann. § 20.25 (Callaghan 1981)).”
Grosberg v. Mich. Nat'l Bank Oakland, 318 N.W.2d 490 (Mich. Ct. App. 1982). “MCL 449.25; MSA 20.25 provides in part: "(1) A partner is a co-owner with his partners of specific partnership property holding as a tenant in partnership; *617 "(2) The incidents of this tenancy are such that: "(a) A partner, subject to the provisions of this act and to any…”
Schwass v. Riverton Twp., 800 N.W.2d 758 (Mich. Ct. App. 2010). · cites it 2× “” Moreover, because MCL 449.25 was enacted by 1917 PA 72 , long *224 before the process of uncapping was devised by the Legislature, it cannot be said that the Legislature was unaware of tenancies in partnership at the time it amended MCL 211.”
Greenbrier Homes v. Cook, 136 N.W.2d 27 (Mich. Ct. App. 1965). “The general provision of CL 1948, § 449.25(2) (b) [Stat Ann 1964 Rev § 20.25(2) (b)], which reads as follows: “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,”…”
Taylor v. Lint, 62 N.W.2d 453 (Mich. 1954). “” CL 1948, §449.25 (2) (d) (Stat Ann § 20.25 [2] [d]), reads as follows: “(d) On the death of a partner his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such…”
Kojaian Mgmt. Corp & Affiliates v. Dep't of Treasury (Mich. Ct. App. 2019). · cites it 2× “” MCL 449.25(1). Further, one of the incidents of the partnership tenancy in partnership property includes that a partner: has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any…”
Fcb Assocs. LLC v. City of Ann Arbor (Mich. Ct. App. 2024). “MCL 449.25(2)(d) (“On the death of a partner his right in specific partnership property vests in the surviving partner or partners .”
— Mich. Comp. Laws § 449.25(1) — 2 cases
Schwass v. Riverton Twp., 800 N.W.2d 758 (Mich. Ct. App. 2010). “” Moreover, because MCL 449.25 was enacted by 1917 PA 72 , long *224 before the process of uncapping was devised by the Legislature, it cannot be said that the Legislature was unaware of tenancies in partnership at the time it amended MCL 211.”
Kojaian Mgmt. Corp & Affiliates v. Dep't of Treasury (Mich. Ct. App. 2019). “” MCL 449.25(1). Further, one of the incidents of the partnership tenancy in partnership property includes that a partner: has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any…”
— Mich. Comp. Laws § 449.25(2) — 1 case
Greenbrier Homes v. Cook, 136 N.W.2d 27 (Mich. Ct. App. 1965). “The general provision of CL 1948, § 449.25(2) (b) [Stat Ann 1964 Rev § 20.25(2) (b)], which reads as follows: “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,”…”
— Mich. Comp. Laws § 449.25(2)(a) — 2 cases
Stroebel-Polasky Co. v. Slachta, 308 N.W.2d 273 (Mich. Ct. App. 1981). “MCL 449.25; MSA 20.25. Defendants contend that the mortgage was not an "assignment” by Dominguez, prohibited by MCL 449.”
Kojaian Mgmt. Corp & Affiliates v. Dep't of Treasury (Mich. Ct. App. 2019). “” MCL 449.25(1). Further, one of the incidents of the partnership tenancy in partnership property includes that a partner: has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any…”
— Mich. Comp. Laws § 449.25(2)(b) — 3 cases
Stroebel-Polasky Co. v. Slachta, 308 N.W.2d 273 (Mich. Ct. App. 1981). “MCL 449.25; MSA 20.25. Defendants contend that the mortgage was not an "assignment” by Dominguez, prohibited by MCL 449.”
Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007). “Moreover, pursuant to MCL 449.25: (1) A partner is a co-owner with his partners of specific partnership property holding as a tenant in partnership; (2) The incidents of this tenancy are such that: (a) A partner, subject to the provisions of this act and to any agreement between…”
Backowski v. Solecki, 316 N.W.2d 434 (Mich. Ct. App. 1982). “MCL 449.25(2)(b); MSA 20.25(2)(b). Thus, to the extent that plaintiff seeks to enforce the conveyance as an assignment of Solecki’s right in the property, such assignment is prohibited.”
— Mich. Comp. Laws § 449.25(2)(d) — 2 cases
Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007). “Moreover, pursuant to MCL 449.25: (1) A partner is a co-owner with his partners of specific partnership property holding as a tenant in partnership; (2) The incidents of this tenancy are such that: (a) A partner, subject to the provisions of this act and to any agreement between…”
Fcb Assocs. LLC v. City of Ann Arbor (Mich. Ct. App. 2024). “MCL 449.25(2)(d) (“On the death of a partner his right in specific partnership property vests in the surviving partner or partners .”
— Mich. Comp. Laws § 449.25(2)(e) — 1 case
Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007). “Moreover, pursuant to MCL 449.25: (1) A partner is a co-owner with his partners of specific partnership property holding as a tenant in partnership; (2) The incidents of this tenancy are such that: (a) A partner, subject to the provisions of this act and to any agreement between…”
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