MCLE SELF-STUDY ARTICLE CALIFORNIA’S ADOPTION OF THE UNIFORM PARTITION OF HEIRS PROPERTY ACT
Written by Denise E. Chambliss, Esq. and Katherine A. West, Esq.*
In 2010, the Uniform Law Commission promulgated the Uniform Partition of Heirs Property Act (the "Act").1 The Act was drafted to address tenancy-in-common ownership amongst disadvantaged families where, for many decades, state partition laws contributed to widespread and devastating involuntary land loss for families who owned tenancy-in-common properties, in particular when the real property was acquired under the laws of intestate succession.
An inherent risk in owning real property as tenants in common is that a dispute may arise among the cotenants requiring a separation of the ownership interests. Whether the dispute arises from the different goals of the cotenants, failure of one or more cotenants to pay their share of the property’s expenses, or simply because the cotenants cannot "get along," such disputes can result in a legal action for partition of the property so that the parties can separate their interests from one another.