Uniform Partition of Heirs’ Property Act: Partition with an Acetate Overlay

Abstract

Part I provides a brief introduction to the topic and Part II of this article explores in greater detail the reasoning behind the creation of the UPHPA, including the historical context, and outlines briefly the solutions provided in the UPHPA per the Uniform Law Commission.

Part III provides the history of the UPHPA’s creation and enactment since its approval by the Uniform Law Commission. Specific information relating to the Texas enactment of the UPHPA and the present status of Texas jurisprudence is also included.

Part IV discusses in detail the operation of the UPHPA in a judicial partition suit. While this does include a procedural analysis of the implementation of the UPHPA, it is beyond the scope of this article to include the many nuances which apply in both the standard partition suit and a partition suit to which the UPHPA applies. Citations herein include works by other Texas attorneys with greater detail and analysis on these matters.

Part V outlines steps that an estate planning attorney can take in preparation of a client’s last wishes in order to avoid application of the UPHPA (and standard partition suits) through the use of techniques contemplated by the Uniform Law Commission. Additionally, options related to the administration of an estate to minimize issues of common ownership which often lead to partition suits are also discussed.