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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?) allows co-tenants of inherited property to avoid forced partition by sale. However, in some circumstances, partition by sale may still be appropriate.
A common one arises when one owner wants to sell the property and the other does not. Sometimes the co-owner who does not want to sell is not in a position to buy out the selling co-owner's share. When this happens, New York real estate law allows for an action known as a partition.
The Uniform Partition of Heirs Property Act governs the partition of inherited property. 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.
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.
The bottom line is that the Partition of Real Property Act allows co-owners of property a much easier way to buy out their co-owners. Owners of property that is resided in by their co-owner now have a nicer way to ask that their co-owners to buy them out or move on so that everyone can obtain their equity.
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.
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.