Note:
William J. Dyer, Community Property Rights and the Business Partnership, 57 Texas L. Rev. 1018 (1979).
 

Abstract:
In this note William Dyer discusses how the community property law concepts of ownership and management are not easily applied to interests in a business partnership. Dyer proposes an analytical approach to the problems arising from the intersection of Texas community property and partnership laws. In this approach Dyer examines the positives of the other community property states, rights under the Texas uniform Partnership Act, and the treatment of partnership interests by Texas courts. Finally he proposes an analytical model and methodology that analyzes profits, partnership interest and value appreciation to balance the interest of the business world with those of marital community. He argues that the integration of these systems of law is a workable effort to protect partnership planning from undue fear of interference from the community property laws while safeguarding the interests of the dependent spouse.