Tennessee Code Annotated

Tenn. Code Ann. § 61-1-302 (2026)

Transfer of partnership property

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(a) Partnership property may be transferred as follows:
- (1) Subject to the effect of a statement of partnership authority under § 61-1-303, partnership property held in the name of the partnership may be transferred by an instrument of transfer executed by a partner in the partnership name;
- (2) Partnership property held in the name of one (1) or more partners with an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, but without an indication of the name of the partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held;
- (3) Partnership property held in the name of one (1) or more persons other than the partnership, without an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held.

(b) A partnership may recover partnership property from a transferee only if it proves that execution of the instrument of initial transfer did not bind the partnership under § 61-1-301 and:
- (1) As to subsequent transferee who gave value for property transferred under subsection (a)(1) and (2), proves that the subsequent transferee knew or had received a notification that the person who executed the instrument of initial transfer lacked authority to bind the partnership; or
- (2) As to a transferee who gave value for property transferred under subsection (a)(3), proves that the transferee knew or had received a notification that the property was partnership property and that the person who executed the instrument of initial transfer lacked authority to bind the partnership.

(c) A partnership may not recover partnership property from a subsequent transferee if the partnership would not have been entitled to recover the property, under subsection (b), from any earlier transferee of the property.

(d) If a person holds all of the partners' interests in the partnership, all of the partnership property vests in that person. The person may execute a document in the name of the partnership to evidence vesting of the property in that person and may file or record the document.

Acts 2001, ch. 353.

Notes of Decisions

Cited in 2 cases, 2002–2013 · leading case: Jeff Finch v. Tina Raymer (Tenn. Ct. App. 2013).

Sort: Relevance Newest Treatment

Jeff Finch v. Tina Raymer (Tenn. Ct. App. 2013). · cites it 2× “9 (citing Tenn. Code Ann. § 61-1-302 (b)). 15 As noted in Leckrone, 2002 WL 773147 , at *4 n.”

James D. Leckrone v. James D. Walker (Tenn. Ct. App. 2002). “Uniform Partnership Act (1997) § 204 cmt. 3, 6 [Part I] U .L.”

— Tenn. Code Ann. § 61-1-302(b) — 1 case

James D. Leckrone v. James D. Walker (Tenn. Ct. App. 2002). “Uniform Partnership Act (1997) § 204 cmt. 3, 6 [Part I] U .L.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.