Compare "partnership property" with a "partner's interest." Consider such factors as the definition, the possession, the assignability, how attachment occurs, and the inheritability of each

Answer 1

Partnership property is the sum of all the partnership's assets, including that which the partners contribute (partnership capital) and that which is subsequently acquired on account of the partnership. A partner's interest is defined as "all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.". The transferable interest is the partner's share of profits and losses and the right to receive distributions. Under the UPA, partners are tenants in partnership of the partnership property. If a partner dies, the surviving partners have the right of survivorship to the property. A partner's interest in specific partnership property is not subject to attachment or execution by his individual creditors. An individual partner can't assign partnership property, but can assign his transferable interest. A partner's transferable interest can be assigned and can be attached by court order. Under the RUPA, a partner is not a co-owner of partnership property. A partner can possess partnership property only for partnership purposes. The partner has no interest in the partnership property which can be assigned or transferred to heirs.