Short answer. Yes, but subject to a priority rule. Partnership creditors are preferred over the partner's personal creditors when it comes to partnership property. Without prejudice to that priority, Article 1827 explicitly allows personal creditors to ask for attachment and public sale of the debtor-partner's share in partnership assets.

What the law says

The creditors of the partnership shall be preferred to those of each partner as regards the partnership property. Without prejudice to this right, the private creditors of each partner may ask the attachment and public sale of the share of the latter in the partnership assets.

Civil Code, Article 1827 — Preference of Partnership Creditors. Read the full provision →

The two-tier rule: partnership creditors come first

Article 1827 draws a clear distinction between two classes of creditors. Partnership creditors — those owed money by the partnership itself — have priority over the partnership's property. The rationale is that the partnership entity is what incurred those debts, and its property must answer for them first. Personal creditors of a partner come second. This hierarchy exists because allowing a partner's personal creditors to freely reach partnership assets would expose the other partners and the partnership's own creditors to the risk of one member's private financial problems.

What you can actually reach as a personal creditor

The good news is that Article 1827 does not leave you without a remedy. The statute expressly permits private creditors to ask the attachment and public sale of the share of their debtor-partner in the partnership assets. What you are attaching is not specific partnership property — not the office furniture or the inventory — but the debtor-partner's economic interest in the partnership: his right to receive profits, his right to a distribution on dissolution, and whatever portion of the assets would belong to him after the partnership's own debts are settled. That interest can be sold, and whoever buys it steps into the shoes of the debtor-partner as to economic rights.

Practical implications of the priority rule

The priority of partnership creditors means that if the partnership is insolvent — if its own debts exceed its assets — there may be very little or nothing left in the debtor-partner's share for you to collect. Before pursuing attachment of a partner's share, it is worth investigating the financial condition of the partnership itself. If the partnership is viable and profitable, the partner's share may represent a real and collectible interest. If it is financially distressed, you may recover nothing even after a successful sale of the partner's interest.

Effect on the other partners and the partnership

Attaching and selling a partner's share does not dissolve the partnership and does not give the buyer control over partnership operations. The buyer of the share acquires only the economic interest — the right to receive the debtor-partner's portion of profits and, on dissolution, assets. The other partners retain control over the partnership's business and management. This design protects the remaining partners from having an unwanted stranger thrust into their business while still giving personal creditors a meaningful enforcement avenue.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.