Trusts and Estates
Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 3
Content
- Chairs of Section Subcommittees
- Editorial Board
- Letter From the Chair
- Letter From the Editor
- Litigation Alert
- McLe Self-study Article A Snarl of Conflicting Presumptions—In re Brace and Estate of Wall Continue California's Struggle To Square the Conflicting Presumptions Set Forth In Family Code Section 760 and Evidence Code Section 662
- McLe Self-study Article Extrinsic Fraud: Will the Real Slim Fraudster Please Stand Up?
- McLe Self-study Article Lps, General, and Limited Conservatorships: Where We Were, Where We Are and Where We Might Be Going
- Tax Alert
- Tips of the Trade: Ira Planning—Gaining Security In a Post-secure World
- TRUSTS & ESTATES QUARTERLY
- McLe Self-study Article California's Adoption of the Uniform Partition of Heirs Property Act
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.*
I. SYNOPSIS
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.