Enhancing the Uniform Partition of Heirs Property Act: The Need for Broader Use and Essential Modifications

Authors

Donna Arzanipour

Abstract

The Uniform Partition of Heirs Property Act (“UPHPA”) seeks to address complex and inequitable conflicts that arise when partitioning heirs property. This Note explores the legislative history of the UPHPA, along with the legal and societal significance of the UPHPA, which provides mechanisms to prevent forced sales of family-owned property. Through a comparative analysis of states that have adopted their versions of the UPHPA, this Note considers the law’s potential to protect family land, reduce the risk of displacement, and promote longterm economic stability for communities, especially those in rural and minority populations. While recommending that all states should adopt the UPHPA, this Note also considers the shortcomings of the statute, including the act’s interaction with existing property laws, attorney’s fees that arise, and its failure to proportionately benefit certain minority groups. Additionally, this Note discusses the intersection of the UPHPA with issues concerning racial inequality, particularly the disproportionate impact that partition laws may have on African American farmers, who have historically faced challenges in retaining land passed down through generations. This Note argues that the UPHPA ameliorates this dispossession yet acknowledges the limitations of the UPHPA concerning economic and social disparities. While the UPHPA offers a promising solution for reforming heirs property disputes, its effectiveness will depend on its broader adoption by states, as well as its capacity to address the historical and systemic inequities that underlie heirs property issues.

Recommended Citation

Arzanipour, Donna (2025) "Enhancing the Uniform Partition of Heirs Property Act: The Need for Broader Use and Essential Modifications," Touro Law Review: Vol. 40: No. 2, Article 14.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss2/14