District of Columbia Agreement to Partition Real Property Between Children of Decedent

State:
Multi-State
Control #:
US-1190BG
Format:
Word; 
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Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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FAQ

Court order. A personal representative may at any time petition the Court for permission to act in any matter relating to the administration of the estate.

States with UPHPA currently include Alabama, Arkansas, California, Connecticut, Florida, Georgia, Hawaii, Iowa, Illinois, Mississippi, Missouri, Montana, Nevada, New Mexico, New York, Rhode Island, Texas, South Carolina, and the Virgin Islands.

The Uniform Partition of Heirs Act creates and recognizes a specific type of asset called ?heirs property.? Under most circumstances, heirs property is any real property that is held in tenancy in common?a legal arrangement where ?two or more parties share ownership rights in a real estate property.?

Iowa is the only Midwest state with this law, which passed in 2018. Other states that have passed the UPHPA are Alabama, Arkansas, Connecticut, Georgia, Hawaii, Montana, Nevada, New Mexico, Texas and South Carolina.

The Uniform Partition of Heirs Property Act The purpose of the Act is to protect heirs from unscrupulous speculators who acquire a small partial interest in real property owned by a group of heirs and then force the sale of the property at a below-market price.

Partitioning is a division in real or personal property between co-owners. This typically occurs when property is inherited or passed down to heirs. There are two types of partitioning: Partition in Kind and Partition by Sale.

Iowa is the only Midwest state with this law, which passed in 2018. Other states that have passed the UPHPA are Alabama, Arkansas, Connecticut, Georgia, Hawaii, Montana, Nevada, New Mexico, Texas and South Carolina.

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.

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District of Columbia Agreement to Partition Real Property Between Children of Decedent