UNIFORM PARTITION OF HEIRS PROPERTY ACT (UPHPA) – BUY-OUT RIGHTS FOR TENANTS IN COMMON IN CALIFORNIA
The following provides an overview of the UPHPA, the law that serves as the framework for the current right of co-owners to buy out other owners in a real estate partition action in California.
In 2021, the California Legislature passed Assembly Bill 633 (AB 633), adopting the Uniform Partition of Heirs Property Act. The UPHPA sought to address concerns over misuse of the Partition Code in situations where real property was owned by heirs as tenants in common.
While the UPHPA was specifically focused on property owned by heirs, the central tenets of the Act were ultimately expanded in the Partition of Real Property Act (PRPA). The PRPA applied the procedures from the UPHPA to all property owned by tenants in common, whether they are heirs or not.
The UPHPA defined “heirs property” as real property held by tenants in common that meet all of the following requirements:
a) There is no agreement in the record binding all the cotenants that governs the partition of the property.
b) One or more of the cotenants acquired title from a relative, whether living or deceased.
c) 20 percent or more of the interests are held by relatives, or by an individual who acquired the interest from a relative, or 20 percent or more of the cotenants are relatives.
If the property was determined to be heirs property, the court was required to order an appraisal and determine the fair market value of the property.
Although the Uniform Partition of Heirs Property Act only lasted one year, and was replaced by the Partition of Real Property Act, the UPHPA and its legislative history continue to remain helpful, and in fact instructive, to determining how partition actions should proceed.
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See more:
Partition Law Past and Present: The Partition of Real Property Act and its Predecessor The Uniform Partition of Heirs Property Act
What is a Partition Referee?
Distribution of Proceeds from a Partition Sale: Expenses, Costs, Fees, Liens…and Adjustments Based on Equitable Considerations
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ANAND LAW is composed of partition lawyers, accountants, and real estate brokers. We represent parties in partition cases where we resolve co-ownership disputes throughout California, from San Diego to Sacramento, and beyond–including in the cities and areas of Los Angeles, Pasadena, Arcadia, Burbank, La Canada Flintridge, Covina, West Covina, Downey, Santa Monica, Glendale, Eagle Rock, Hollywood, Atwater Village, Echo Park, Glassell Park, Loz Feliz, Silverlake, Highland Park, Boyle Heights, Hancock Park, Cheviot Hills, Koreatown, Miracle Mile, Mid City, Venice, Van Nuys, Encino, Studio City, Sherman Oaks, Panorama City, North Hills, West Hills, Thousand Oaks, Calabasas, Granada Hills, Long Beach, Glendora, Anaheim, Inglewood, Santa Ana, Beverly Hills, Pomona, Marina Del Rey, Playa Del Rey, Mar Vista, Culver City, Cheviot Hills, Holmby Hills, Westchester, El Segundo, Hermosa Beach, Redondo Beach, Manhattan Beach, Huntington Beach, Orange, Irvine, Costa Mesa, Newport Beach, Moorpark, Fresno, Stockton, San Francisco, Berkeley, Oakland, Petaluma, Marin, Sausalito, Mill Valley, Tiburon, Daly City, Fremont, Stinson Beach, Redwood City, Berkeley, San Leandro, Napa, Santa Rosa, Costa Mesa, Huntington Beach, Santa Ana, Laguna Beach, Laguna Nigel, San Clemente, Ladera Ranch, Tustin, Lake Forest, Mission Viejo, Coto De Caza, Rancho Santa Margarita, Laguna Hills, Corona Del Mar, Carlsbad, La Jolla, Encinitas, Vista, Del Mar, Chula Vista, and communities throughout Los Angeles, Orange, Santa Barbara, Riverside, San Bernardino, San Luis Obispo, San Diego, Ventura, San Francisco, Alameda, and Mendocino Counties.
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