The Florida Senate

¹620.68  Nature of a partner's right in specific partnership property.--

(1)  A partner is coowner with her or his partners of specific partnership property holding as a tenant in partnership.

(2)  The incidents of this tenancy are such that:

(a)  Subject to the provisions of this part and to any agreement between the partners, a partner has an equal right with her or his partners to possess specific partnership property for partnership purposes; but she or he has no right to possess the property for any other purpose without the consent of her or his partners.

(b)  A partner's right in specific partnership property is not assignable except in connection with the assignment of 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 her or his right in specific partnership property vests in the surviving partner or partners, except when the deceased was the last surviving partner, her or his right in the property vests in her or his legal representative. The surviving partner or partners or the legal representative of the last surviving partner has no right to possess the partnership property except for 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.

History.--s. 25, ch. 72-108; s. 25, ch. 95-242; s. 153, ch. 97-102.

¹Note.--Repealed effective January 1, 1998, by s. 25, ch. 95-242.