AB-633 Uniform Partition of Heirs Property Act

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Stance: SUPPORT

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This bill, known as the Uniform Partition of Heirs Property Act, requires new procedures for an action to partition real property that is heirs’ property.

 

The bill would permit the court to apportion the costs of partition among the parties in proportion to their interests, but would prohibit the apportionment of costs among parties that oppose the partition, except as specified. The bill would provide that these provisions supplement existing law and control over existing law that is inconsistent if an action is governed by these provisions.

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From a legal standpoint, AB 633 allows one heir to buy out another heir at the current appraised value of the property, thereby taking away the leverage that a non-cooperating co-owner might have. By not cooperating and forcing the sale, co-owners of the past could make sure that all heirs were forced to sell their interest to the highest bidder. Now, that option is off the table and in the interest of justice, all heirs must cooperate, receive their fair share, or maintain their interest in their property. This may set up thousands of families for success in the future through their maintenance of a tangible investment.