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Property Not Subject to Characterization

General Rule: Property of A Partnership.

Generally, property of the partnership is owned by the partnership and not subject to being characterized as either community or separate.

For example, capital contributions and retained earnings are considered partnership property, and not subject to characterization.

Further, unlike a corporation, partnerships are not subject to piercing.

Marshall v. Marshall, 735 S.W.2d 587 (Tex. App. – Dallas, writ ref’d n.r.e.)