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This is not a simple yes/no question.

The underlying principle is the definition of "Partner" in the particular case.

If the purpose of keeping his or her name off the deed is to defraud them then yes it is illegal.

If we are talking domestic Partner or Busness partner, Maybe not as these are types of partnerships that can and are governed by specific rules and contracts.

Another Perspective

There seems to be some confusion on the part of the questioner. The grantee on a deed is the legal owner of real property. No other person has any legal interest in that property except for the grantee. That owner could mortgage the land or sell it. If she died it would pass to her heirs. Therefore, a "partner" would have no ownership in the land unless they were named as a grantee on the deed.

It could be presumed that the "partner" not named on the deed is aware of that fact, unless as mentioned above, there was some fraud committed at the time the deed was drafted and recorded. In that case the partner who was the victim should consult with an attorney immediately.

In order to establish ownership of land as "partners" that relationship must be established in the deed. Land owned in partnership is similar to land owned by a joint tenancy with the right of survivorship. If one partner dies the property automatically passes to the sole surviving owner. A deed would need to grant the property to Sam and Dave as Partners in order to create a tenancy in partnership.

An owner of land could enter into a contractual agreement with another individual to operate a business, as a partnership, on the property owned solely by the first person. That partnership contract would not provide any legal interest in the real estate unless a valid provision regarding the real estate is mentioned in the contract. (For example- the partners could agree that if the business fails they would share any net profit from the sale of the property when the property is sold.)

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Q: Is it illegal to buy land with a partner and keep their name off the deed?
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