Texas Codes

Tex. Bus. Orgs. Code § 152.102 (2026)

Classification As Partnership Property

✓ current as of May 2026

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Sec. 152.102. CLASSIFICATION AS PARTNERSHIP PROPERTY. (a) Property is partnership property if acquired in the name of:

(1) the partnership; or

(2) one or more partners, regardless of whether the name of the partnership is indicated, if the instrument transferring title to the property indicates:

(A) the person's capacity as a partner; or

(B) the existence of a partnership.

(b) Property is presumed to be partnership property if acquired with partnership property, regardless of whether the property is acquired as provided by Subsection (a).

(c) Property acquired in the name of one or more partners is presumed to be the partner's property, regardless of whether the property is used for partnership purposes, if the instrument transferring title to the property does not indicate the person's capacity as a partner or the existence of a partnership, and if the property is not acquired with partnership property.

(d) For purposes of this section, property is acquired in the name of the partnership by a transfer to:

(1) the partnership in its name; or

(2) one or more partners in the partners' capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

SUBCHAPTER D. RELATIONSHIP BETWEEN PARTNERS AND BETWEEN PARTNERS AND PARTNERSHIPS

Notes of Decisions

Cited in 6 cases, 2013–2019 · leading case: JPMorgan Chase Bank, N.A. v. Prof'l Pharmacy II, 508 S.W.3d 391 (Tex. App. 2015).

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JPMorgan Chase Bank, N.A. v. Prof'l Pharmacy II, 508 S.W.3d 391 (Tex. App. 2015). “Tex. Bus. Org. Code Ann. § 152.102 (a)(1).”

Chapman Custom Homes, Inc. & Michael B. Duncan v. Dallas Plumbing Co., 446 S.W.3d 29 (Tex. App. 2013). · cites it 3× “Tex. Bus. ORGs.Code Ann. § 152.102(a) (West 2012).”

Jaime Alexandra Etheridge v. Eric Scott Opitz, Scott Opitz & Diane Opitz (Tex. App. 2019). · cites it 4× “2 See TEX. BUS. ORGS. CODE ANN. § 152.102 (West 2012).”

Jaime Alexandra Etheridge v. Eric Scott Opitz, Scott Opitz & Diane Opitz (Tex. App. 2019). · cites it 4× “See TEX. BUS. ORGS. CODE ANN. § 152.102 (West 2012).”

Derrick Petroleum Servs. v. PLS, Inc., 659 F. App'x 748 (5th Cir. 2016). “Because the district court found that Derrick possessed the Derrick Database prior to the joint venture, the jointly branded Derrick/PLS Database is presumed to be Derrick’s property, “regardless of whether the property is used for partnership purposes.”

Robert Peterson v. Roger Kroschel, III (Tex. App. 2015). “See TEX. BUS. ORGS. CODE ANN. § 152.102(b) (West 2012) (“Property is presumed to be partnership property if acquired with partnership property” regardless of whether it was acquired in name of partnership).”

— Tex. Bus. Orgs. Code § 152.102(a) — 1 case

Chapman Custom Homes, Inc. & Michael B. Duncan v. Dallas Plumbing Co., 446 S.W.3d 29 (Tex. App. 2013). “Tex. Bus. ORGs.Code Ann. § 152.102(a) (West 2012).”

— Tex. Bus. Orgs. Code § 152.102(b) — 2 cases

Chapman Custom Homes, Inc. & Michael B. Duncan v. Dallas Plumbing Co., 446 S.W.3d 29 (Tex. App. 2013). “Tex. Bus. ORGs.Code Ann. § 152.102(a) (West 2012).”

— Tex. Bus. Orgs. Code § 152.102(e) — 1 case

Chapman Custom Homes, Inc. & Michael B. Duncan v. Dallas Plumbing Co., 446 S.W.3d 29 (Tex. App. 2013). “Tex. Bus. ORGs.Code Ann. § 152.102(a) (West 2012).”

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