Tennessee Code Annotated
Tenn. Code Ann. § 61-1-204 (2026)
When property is partnership property
✓ current as of May 2026
- (a) Property is partnership property if acquired in the name of:
- (1) The partnership; or
- (2) 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.
- (b) Property is acquired in the name of the partnership by a transfer to:
- (1) The partnership in its name; or
- (2) 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.
- (c) 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.
- (d) 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.
Acts 2001, ch. 353.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2002–2022 · leading case: Jeff Finch v. Tina Raymer (Tenn. Ct. App. 2013).
Jeff Finch v. Tina Raymer (Tenn. Ct. App. 2013). “” Tenn. Code Ann. § 61-1-204 (c) (emphasis added).”
Leisa Reed v. Randell Thurman (Tenn. Ct. App. 2015). “” Tenn. Code Ann. § 61-1-204 (c) (2013). Second, “[p]roperty 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 7 See Jones v.”
James D. Leckrone v. James D. Walker (Tenn. Ct. App. 2002). “Tenn. Code Ann. § 61-1-204 (a)(1) (Sup p.”
Granoff v. Steed (TV2) (E.D. Tenn. 2022). “T.C.A. § 61-1-204(d) (2001). But, as the Middle District of Tennessee Bankruptcy Court stated: The intent of the partners determines what property shall be considered partnership property as distinguished from separate property.”
Judy Wyatt v. Ronald Byrd (Tenn. Ct. App. 2010). “Tenn. Code Ann. § 61-1-204 . Again, Ms. Wyatt testified that at least some of the money expended towards the Property–earnest money and closing costs–represented profits from R & J Remodeling 4 As we noted above, the trial court stated that it “did not hear today [] how [the…”
Stephen Boesch v. Jay R. Holeman (2020). “Boesch cites to Tenn. Code Ann. § 61-1-204 (c) (2018), which provides: “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…”
— Tenn. Code Ann. § 61-1-204(a) — 1 case
Leisa Reed v. Randell Thurman (Tenn. Ct. App. 2015). “” Tenn. Code Ann. § 61-1-204 (c) (2013). Second, “[p]roperty 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 7 See Jones v.”
— Tenn. Code Ann. § 61-1-204(d) — 1 case
Granoff v. Steed (TV2) (E.D. Tenn. 2022). “T.C.A. § 61-1-204(d) (2001). But, as the Middle District of Tennessee Bankruptcy Court stated: The intent of the partners determines what property shall be considered partnership property as distinguished from separate property.”
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