Restoring Hope for Heirs Property Owners: The Uniform Partition of Heirs Property Act | Academic Article individual record
abstract

For well over 125 years, many Americans have lost their tenancy-in-common property involuntarily in various legal proceedings. For example, courts throughout this country have often resolved partition actions, a legal proceeding in which a tenant in common seeks to exit a tenancy in common, by ordering a forced, partition sale of the property even when these courts could have ordered a remedy that would have preserved the property rights of the tenants in common. Though partition sales have negatively impacted a broad cross section of people in this country, the sales have particularly impacted poor and disadvantaged African-Americans, Hispanics, white Americans, and in some instances, Native Americans. The Uniform Partition of Heirs Property Act (UPHPA), a project that the American Bar Association's Section of Real Property, Trust, and Estate Law helped convince the Uniform Law Commission to undertake in 2007, seeks to address partition action abuses that have led to significant property loss. Thomas W. Mitchell, the Reporter for the Uniform Partition of Heirs Property Act, explains the UPHPA and the history of its enactment by states over the last five years.

publication outlet

State & Local Law News

author list (cited authors)
Mitchell, T. W
publication date
2016
keywords
  • Sale Of Property
  • Mitchell
  • Property
  • Uniform Law Commission
  • Property Law And Real Estate
  • Involuntary
  • Land
  • Tenancy In Common
  • Thomas Mitchell
  • Uniform Partition Of Heirs Property Act
  • Section Of Real Property Trust And Estate Law
  • History
  • Heirs
  • Disadvantaged
  • Partition Sales
  • Law
  • Poor
  • Uphpa
  • Loss
  • Owners
  • Partition Action Abuses
  • Heirs Property
  • Reporter
  • American Bar Association
  • Partition Action
  • Ulc
  • Thomas W. Mitchell
  • Aba
  • Texas A&m
identifier
363362SE
start page
6
end page
15
volume
40
issue
1