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Missouri Revised Statutes

Mo. Rev. Stat. § 358.100 (2026)

Conveyance of real property of the partnership

✓ current as of May 2026
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  358.100.  Conveyance of real property of the partnership. — 1.  Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of subsection 1 of section 358.090, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.

  2.  Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of subsection 1 of section 358.090.

  3.  Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of subsection 1 of section 358.090, unless the purchaser or his assignee, is a holder for value, without knowledge.

  4.  Where the title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of subsection 1 of section 358.090.

  5.  Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property.

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(L. 1949 p. 506 § 10)

Notes of Decisions
Cited in 5 cases, 1969–1985 · leading case: Grissum v. Reesman, 505 S.W.2d 81 (Mo. 1974).
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Grissum v. Reesman, 505 S.W.2d 81 (Mo. 1974). · cites it 3× “Section 358.100 recognizes that partnership real estate may be held in the name of one of the partners.”
Lazare v. Hoffman, 444 S.W.2d 446 (Mo. 1969). · cites it 2× “We deem it unnecessary to rule whether title to the property was “in the partnership name” or in the “names of all the partners,” § 358.100 (all statutory references are to RSMo 1959, V.”
Baker v. McCue-Moyle Dev. Co., 695 S.W.2d 906 (Mo. Ct. App. 1985). “1978 permits real property to be held in the partnership name, and § 358.100 and § 358.090.-3(3), RSMo.1978 authorizes individual partners of the firm to convey the firm’s real property unless the partnership agreement states otherwise and the person with whom the individual…”
City of Lake Lotawana v. Lehr, 529 S.W.2d 445 (Mo. Ct. App. 1975). · cites it 2× “Section 358.100 provides that title to partnership real estate may be held by the partnership either in its own partnership name or in the individual names of one or more or all of the partners.”
Wirth v. Wirth, 646 S.W.2d 394 (Mo. Ct. App. 1983). “Also see § 358.100. Concerning the contribution of real property, see Annot.”
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