Legal Question in Real Estate Law in California
Does a judgment against a partnership attach to the general partner's real property?
Asked on 11/09/12, 9:14 am
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
The answer seems to lie in Corporations Code section 16307(c), which reads:
"A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partner's assets unless there is also a judgment against the partner."
I would recommend that you or your lawyer review all of 16307, as well as other language in the Revised Uniform Partnership Act, before deciding what property is safe, and what is not, from attempts to collect the judgment.
Answered on 11/09/12, 11:06 am
Terry A. Nelson
Nelson & Lawless
All partners are jointly liable for the judgments against the partnership as long as they were named as defendant in the case.
Answered on 11/09/12, 11:34 am