GA Code § 14-8-25 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-25. Incidents of Tenancy in Partnership

  A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership.   The incidents of the tenancy are such that:   A partner, subject to the provisions of this chapter and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners;   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;   A partner's right in specific partnership property is not subject to attachment, judgment lien, execution, or other enforcement of a claim 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;   On the death of a partner his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the last surviving partner, has no right to possess the partnership property for any but a partnership purpose;   A partner's right in specific partnership property is not subject to the year's support provided for in former Code Sections 53-5-1 and 53-5-2 as such existed on December 31, 1997, if applicable, or in Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7.     Nothing in Code Section 14-8-24 and this Code section shall modify, affect, or act in derogation of any portion of this chapter concerning the manner of vesting title to property (including, without limitation, real property) in the name of the partnership or the ownership of such property by the partnership.     (Code 1981, §14-8-25, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 1998, p. 128, § 14; Ga. L. 2011, p. 752, § 14/HB 142.)   Law reviews.   - For article surveying real property law in 1984-1985, see 37 Mercer L. Rev. 343 (1985).   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 266 et seq.   C.J.S.   - 68 C.J.S., Partnership, §§ 135, 136, 138.   ALR.    - Partnership land as real or personal property for purposes of descent and distribution, 25 A.L.R. 389.    Remedy where additional assets or liabilities are discovered after settlement of partnership affairs as at law or in equity, 41 A.L.R. 1454.    Partner's lien on or interest in assets of partnership as affected by dissolution agreement, 43 A.L.R. 95.    Right of partnership creditor to proceed against estate of deceased partner, 61 A.L.R. 1410.    Validity, construction, and effect of agreement for disposition of interest in partnership in event of death of partner, 73 A.L.R. 983.    Power of surviving partner or member of joint adventure to grant or sell oil and gas lease or other mineral rights covering land belonging to partnership or joint adventure, 89 A.L.R. 588.    Right to judgment, levy, or lien against individual in action under statute permitting persons associated in business under a common name to be sued in that name, 100 A.L.R. 997.    Construction and application of statute requiring surviving partner to give bond as condition of his right to manage and settle partnership affairs, 121 A.L.R. 860.    Death of one of two or more judgment creditors under a joint or partnership judgment as affecting judgment, 122 A.L.R. 752.    Waiver or estoppel predicated upon surviving partner's surrender of possession of partnership property to personal representative of deceased partner, 137 A.L.R. 1024.    Applicability of statute of nonclaim or limitation statute as between surviving partner and estate of deceased partner, 157 A.L.R. 1114.   Meaning and coverage of "book value" in partnership agreement in determining value of partner's interest, 47 A.L.R.2d 1425.   Conclusiveness of statement or decision of accountant or similar third person under contract between others requiring property to be valued by him, 50 A.L.R.2d 1268.   Rights in profits earned by partnership or joint adventure after death or dissolution, 55 A.L.R.2d 1391.   Rights as to business unfinished or fees uncollected upon withdrawal or death of partner in law firm, 78 A.L.R.2d 280.   Relative rights of surviving partner and the estate of the deceased partner in proceeds of life insurance acquired pursuant to partnership agreement, 83 A.L.R.2d 1347.   Partner's breach of fiduciary duty to copartner on sale of partnership interest to another partner, 4 A.L.R.4th 1122.