Historical Context

Land Loss Articles

The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property.  If a landowner dies intestate, the real estate passes to the landowner’s heirs as tenants-in-common under state law.  Tenants-in-common  are  vulnerable  because  any  individual  tenant  can force a partition.  Too often, real estate speculators acquire a small share of heirs’ property in order to file a partition action and force a sale.  Using this tactic, an investor can acquire the entire parcel for a price well below its fair market value and deplete a family’s inherited wealth in the process.  UPHPA provides a series of simple due process protections: notice, appraisal, right of first refusal, and if the other co-tenants choose not to exercise their right and a sale is required, a commercially reasonable sale supervised by the court to ensure all parties receive their fair share of the proceeds.     Click on the title above to learn more about the UPHPA in your state!