Missouri Revised Statutes

Mo. Rev. Stat. § 358.070 (2026)

Rules for determining the existence of a partnership

✓ current as of May 2026

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358.070. Rules for determining the existence of a partnership. — In determining whether a partnership exists, these rules shall apply:

(1) Except as provided by section 358.160 persons who are not partners as to each other are not partners as to third persons;

(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property;

(3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived;

(4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment:

(a) As a debt by installments or otherwise;

(b) As wages of an employee or rent to a landlord;

(d) As interest on a loan, though the amount of payment vary with the profits of the business;

(e) As the consideration for the sale of a goodwill of a business or other property by installments or otherwise.

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(L. 1949 p. 506 § 7)

CROSS REFERENCE:

Evidence of partnership, what constitutes, 490.520

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1967–2024 · leading case: Terre Du Lac Ass'n v. Terre Du Lac, Inc., 737 S.W.2d 206 (Mo. Ct. App. 1987).

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Terre Du Lac Ass'n v. Terre Du Lac, Inc., 737 S.W.2d 206 (Mo. Ct. App. 1987). · cites it 5× “Section 358.070 RSMo (1986). That Act provides in pertinent part: (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: * *…”

Morrison v. Labor & Indus. Relations Comm'n, 23 S.W.3d 902 (Mo. Ct. App. 2000). · cites it 4× “§ 358.070, RSMo (1994). The Commission concluded that the means for conducting the business, as well *909 as the manner in which it was conducted, established the existence of a partnership.”

Marriage of Bell v. Bell, 360 S.W.3d 270 (Mo. Ct. App. 2011). · cites it 4× “The rules used in determining the existence of a partnership are found in section 358.070, which provides, in pertinent part: (1) Except as provided by section 358.”

Cutcliff v. Reuter (In Re Reuter), 427 B.R. 727 (Bankr. W.D. Mo. 2010). · cites it 2× “2002) (citing Mo.Rev. Stat. § 358.070 (1994)). A partnership has also been judicially defined as “a contract of two or more competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business and to divide the profits and bear…”

Scott v. Dowling, 636 S.W.2d 176 (Mo. Ct. App. 1982). · cites it 4× “” In support of this, plaintiff referred to § 358.070, RSMo 1978. This makes it obvious that counsel knew such evidence might be tendered.”

Nesler v. Reed, 703 S.W.2d 520 (Mo. Ct. App. 1985). · cites it 3× “§ 358.070 RSMo. 1978. Receipt by plaintiff of a share of the profits is prima facie evidence of partnership but there is no such inference if profits were received in payment of wages.”

H2O'C LTD. v. Brazos, 114 S.W.3d 397 (Mo. Ct. App. 2003). · cites it 4× “Section 358.070(4)(b). 5 See also Nesler, 703 S.”

Meyer v. Lofgren, 949 S.W.2d 80 (Mo. Ct. App. 1997). · cites it 2× “Section 358.070 provides rules for determining the existence of a partnership.”

Bernard McMenamy Contractor, Inc. v. Kitchen, 692 S.W.2d 817 (Mo. Ct. App. 1985). · cites it 3× “Section 358.070, RSMo. states, in relevant part: (4) The receipt of a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: (b) as .”

Nathan Reuter v. Tana Cutcliff, 686 F.3d 511 (8th Cir. 2012). “2002); Mo. Rev. Stat. § 358.070 ; Meyer v. Lofgren, 949 S.”

Stuart v. Overland Med. Ctr., 510 S.W.2d 494 (Mo. Ct. App. 1974). · cites it 2× “§ 358.070(4), RSMo 1969, V.A.M.S. As such, the presumption of partnership prevails unless evidence sufficient to rebut the presumption is brought forward.”

Grissum v. Reesman, 505 S.W.2d 81 (Mo. 1974). “100 recognizes that partnership real estate may be held in the name of one of the partners.”

Show all 22 citing cases →

— Mo. Rev. Stat. § 358.070(2) — 1 case

Morrison v. Labor & Indus. Relations Comm'n, 23 S.W.3d 902 (Mo. Ct. App. 2000). “§ 358.070, RSMo (1994). The Commission concluded that the means for conducting the business, as well *909 as the manner in which it was conducted, established the existence of a partnership.”

— Mo. Rev. Stat. § 358.070(4) — 4 cases

Stuart v. Overland Med. Ctr., 510 S.W.2d 494 (Mo. Ct. App. 1974). “§ 358.070(4), RSMo 1969, V.A.M.S. As such, the presumption of partnership prevails unless evidence sufficient to rebut the presumption is brought forward.”

Grissum v. Reesman, 505 S.W.2d 81 (Mo. 1974). “100 recognizes that partnership real estate may be held in the name of one of the partners.”

Shawneetown Feed & Seed Co. v. Ford, 468 S.W.2d 54 (Mo. Ct. App. 1971).

Shea v. Helling, 826 S.W.2d 419 (Mo. Ct. App. 1992).

— Mo. Rev. Stat. § 358.070(4)(b) — 5 cases

H2O'C LTD. v. Brazos, 114 S.W.3d 397 (Mo. Ct. App. 2003). “Section 358.070(4)(b). 5 See also Nesler, 703 S.”

Brotherton v. Kissinger, 550 S.W.2d 904 (Mo. Ct. App. 1977).

Nesler v. Reed, 703 S.W.2d 520 (Mo. Ct. App. 1985). “§ 358.070 RSMo. 1978. Receipt by plaintiff of a share of the profits is prima facie evidence of partnership but there is no such inference if profits were received in payment of wages.”

Hanor v. Hanor (E.D. Mo. 2024).

— Mo. Rev. Stat. § 358.070(4)(d) — 1 case

Terre Du Lac Ass'n v. Terre Du Lac, Inc., 737 S.W.2d 206 (Mo. Ct. App. 1987). “Section 358.070 RSMo (1986). That Act provides in pertinent part: (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: * *…”

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