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Witnesses urge passage of Uniform Partition of Heirs' Property Act to protect family homes
Summary
Supporters told the House Judiciary Committee that H7210, adopting the Uniform Partition of Heirs' Property Act, would help families keep inherited property by requiring appraisals, buy‑out rights and open‑market sales instead of courthouse auctions. A law student recounted losing a longtime family home under current law.
The House Committee on Judiciary heard personal testimony and expert support for House Bill 7,210, which would adopt the Uniform Partition of Heirs' Property Act (UPHPA) in Rhode Island.
Isaiah Dapena, a law student whose family lost his uncle’s home in a partition sale, described the personal consequences: "If the UPHPA had been in effect in Rhode Island when my uncle passed away, my father would have the legal right to buy the home at a fair market value from his tenants in common." Dapena said the current partition process can force sales at auction and strip generational wealth from families who lack wills or formal estate planning.
Professor Thomas Mitchell, who served as principal drafter of the UPHPA, told the committee the act provides three core protections: rights for cotenants to buy out petitioners, a strong preference for physical division when reasonable with both economic and noneconomic factors considered, and default open‑market sales conducted by a court‑appointed broker to secure fair market value. Mitchell said 26 jurisdictions have enacted the UPHPA and that evidence from other states shows the act reduces opportunistic "air hunter" partition filings and yields higher sale prices.
Dean Gregory Bowman of Roger Williams University School of Law concurred, saying the bill is bipartisan and procedural in nature with no expected fiscal cost. A Uniform Law Commission representative noted federal loan priorities tied to adopting the statute and endorsements from multiple legal organizations.
Supporters asked the committee to advance H7210 so Rhode Island families would have additional protections against involuntary, undervalued sales of inherited property.
The committee took testimony and held the measure for further consideration.
