Massachusetts Agencies

Tenancy in Partnership


It appears that tenancies in partnership are not subject to partition. See Webber v. Rosenberg, 318 Mass. 768, 64 N.E.2d 98 (1946). In Webber it was said that the enactment of the Uniform Partnership Act creating tenancies in partnership did not bring such tenancies within the scope of G.L.c. 241, §1, providing that any person, except a tenant by the entirety, shall be entitled to partition.

Since a tenancy in partnership cannot be partitioned in the probate court, it would seem that a conveyance by some of the partners (which is the case here) would not sever the tenancy: upon the death of the other partners, their respective interests would pass under the tenancy, and would not devolve to their heirs or devisees.