N.Y. Laws » CHAPTER Partnership / ARTICLE Property Rights of a Partner
New York Consolidated Laws

N.Y. Partnership Law § 51 (2026)

Nature of a partner's right in specific partnership property

✓ current as of May 2026
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§ 51. Nature of a partner's right in specific partnership property.
1. A partner is 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 chapter 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 surviving spouses, heirs, or next of
kin.
Notes of Decisions
Cited in 22 cases, 1955–2017 · leading case: Turner v. Lee (In Re Minton Grp., Inc.), 46 B.R. 222 (S.D.N.Y. 1985).
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Turner v. Lee (In Re Minton Grp., Inc.), 46 B.R. 222 (S.D.N.Y. 1985). · cites it 4× “N.Y. Partnership L. § 51 (1). Contrary to appellees’ assertion, this is not equivalent to a tenancy in common, although the tenancy in partnership is converted to a tenancy in common once the partnership winds up.”
People v. Zinke, 555 N.E.2d 263 (NY 1990). · cites it 3× “The People respond that, under Partnership Law § 51 (2) (a), partners lose their status as joint owners when they divert firm property to their own purposes.”
Cassirer v. Herskowitz (In Re Schick), 234 B.R. 337 (Bankr. S.D.N.Y. 1999). · cites it 2× “See N.Y. Partnership L. § 51 (2)(a). In addition, all of the payments from the Schick & Simon accounts were traceable to the partnership, and the trustee did not trace any of Schick’s own funds into those accounts.”
Bogoni v. Friedlander, 197 A.D.2d 281 (N.Y. App. Div. 1994). “The joint venture agreement recites that Claire Friedlander and Paul Bogoni own the subject premises "as tenants in common”, whereas partners are co-owners of partnership property as tenants in partnership (Partnership Law § 51 [1]), which is not equivalent to tenancy in common…”
Peterson v. Goldberg, 180 A.D.2d 260 (N.Y. App. Div. 1992). “, Partnership Law § 51 [2] [d]; § 71 [f|; §§ 72, 73, 74), a partner’s cause of action for distribution of any remaining proceeds of the partnership does not abate upon the death of the partner (see, e.”
Gross v. Neiman, 2017 NY Slip Op 1163 (N.Y. App. Div. 2017). “Plaintiffs did not become partners of Gracon by virtue of the dissolution {see Partnership Law § 40 [7] [“No person can become a member of a partnership without the consent of all the partners”]). Moreover, on the death of a partner, the surviving partners have the exclusive…”
Cunard Line Ltd. v. Abney, 540 F. Supp. 657 (S.D.N.Y. 1982). “See also N.Y. Partnership Law § 51 (c). Plaintiff also cites section 1025 of the N.”
United States v. Onassis, 133 F. Supp. 327 (S.D.N.Y. 1955). · cites it 2× “N.Y. Partnership L. § 51 (1), 6 . N.Y. Partnership L.”
United States v. Delle Donna, 552 F. Supp. 2d 475 (D.N.J. 2008). “1996) (citing N.Y. Partnership Law § 51 (1) & (2)). Similarly, in DAlessio, the court recited lengthy portions of the indictment which, citing some of the New Jersey provisions invoked in this case, outlined the duties owed by a candidate and treasurer, including their duties to…”
Blank v. Blank, 222 A.D.2d 851 (N.Y. App. Div. 1995). “We disagree because this action does not involve a claim against Blank’s estate; the Blank Family Partnership property vested in plaintiff after Blank’s death subject to an accounting to the estate (see, Matter of Schwartzenberg, 99 AD2d 969, 970 ; see also, Partnership Law § 51…”
Fogel v. Neiman, 288 A.D.2d 429 (N.Y. App. Div. 2001). ““On the death of a partner his right in specific partnership property vests in the surviving partner or partners” (Partnership Law § 51 [2] [d]). “[I]t is well established that the representative of a deceased partner is not entitled to participate in or interfere with the…”
Dame v. Williams, 285 A.D.2d 928 (N.Y. App. Div. 2001). · cites it 2× “” Notably, “[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” (Partnership Law § 51 [2] [b]) and, upon the death of a partner, his or her right in specific…”
Show all 22 citing cases →
— N.Y. Partnership Law § 51(1) — 1 case
Pryor v. Basvis Realty Corp. (In re Madden), 153 B.R. 119 (E.D.N.Y 1993).
— N.Y. Partnership Law § 51(2)(b) — 1 case
Pryor v. Basvis Realty Corp. (In re Madden), 153 B.R. 119 (E.D.N.Y 1993).
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