Last week, AB 2245 (Ramos), C.A.R.’s sponsored bill, passed out of the Assembly Judiciary Committee on consent, with no “No” Votes. AB 2245 expands upon a C.A.R. sponsored bill from last year that enacted the Uniform Partition of Heirs Property Act (UPHPA) in California. The UPHPA works to dramatically increase fairness and the retention of value by heirs when properties owned by heirs are sought to be partitioned in court by establishing due process mechanisms that did not previously exist in the law.
C.A.R. was “ahead of the curve” on sponsoring the UPHPA legislation last year, which was signed into law, as just this past week NAR adopted policy that “… the National Association of REALTORS® (NAR) urge state associations to support reforms to state law governing intestate succession of real property that provide due process protections for owners of heirs’ property, such as the Uniform Partition of Heirs’ Property Act (UPHPA).”
AB 2245 (Ramos) The Uniform Partition of Heirs Property Act Extension Bill – In 2022, C.A.R. is sponsoring legislation that would require all tenancies in common to be partitioned in a similar manner to the UPHPA. As with the UPHPA, the law would require the property to be marketed by a real estate broker, as opposed to a court ordered sale at auction, as well as other safeguards currently enshrined in the UPHPA.
AB 2245 will now go to the Assembly Floor for a vote.