67-412 When property is partnership property. - Nebraska Statutes

67-412. When property is partnership property.(1) Property is partnership property if acquired in the name of:(a) The partnership; or(b) One or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.(2) Property is acquired in the name of the partnership by a transfer to:(a) The partnership in its name; or(b) One or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.(3) Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership.(4) Property acquired in the name of one or more of the partners, without an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes. SourceLaws 1997, LB 523, § 12. AnnotationsIn determining whether a party has rebutted the presumption in subsection (3) of this section, no single factor or combination of factors is dispositive. Mogensen v. Mogensen, 273 Neb. 208, 729 N.W.2d 44 (2007).The presumption in subsection (3) of this section can apply when the partnership provides only a portion of the purchase price, and it can apply even though a third party who is not a partner to the firm holds title. Mogensen v. Mogensen, 273 Neb. 208, 729 N.W.2d 44 (2007).