Q: I have heavy equipment in our partnership’s office. Can I sell it to my partner or to the business through kinyan chatzer in our office?
A: The Gemara (B.B. 84b) teaches that partners can acquire through kinyan chatzer in a joint courtyard. However, it indicates that they cannot sell to each other in this manner (C.M. 260:4).
Nonetheless, the Ketzos writes that while it is not possible to sell to the other partner in this manner, it is possible to sell to joint ownership of the partnership (Ketzos 260:1, 207:6, 176:1).
The Nesivos (176:2) maintains that it is possible to sell to a partner through kinyan chatzer in an area meant exclusively for joint use, such as an office, but not in a shared area intended also for private use, such as an apartment.
Machaneh Ephraim (Hil. Kinyan Chatzer #6) maintains that if the item was initially placed in the shared area for the purpose of transferring ownership, it can be sold to the partner through kinyan chatzer there (Pischei Choshen, Shutfim 8:26).