TexasAppleseed.net

Housing Preservation & Heirship
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Texas Appleseed strives to ensure that low-income families are better able to clear title to their homes, access post-disaster recovery funds, and protect their property.

 

House and property

 

Latest News

A model state law on heir property has been developed at the national level and, if adopted, could extend greater legal protections to families who own land in common without clear title.   Two Texas Appleseed attorneys are currently serving on a special committee appointed by the Texas Senate Intergovernmental Relations Committee to study the heirs property issue and recommend reforms.

 

Heir property is real property that is owned by all living heirs of the original property owner, who died without a will.  The land is passed outside of the probate process, leaving the family without clear title and vulnerable to losing the family home.  Heir property poses multiple risks:  families may not be able to take out mortgages and other loans to improve the family property -- and if a family member sells his or her interest in the land, that can precipitate a forced judicial sale of the property through a partition action.  Heir property also may be subject to deterioration, abandonment, adverse possession and/or sales tax. 

 

Project Timeline

CURRENT & ONGOING:  Texas Appleseed attorneys are participating on a committee appointed by the Texas Senate Intergovernmental Relations Commission to study the heir property issue and recommend reforms.
Texas Appleseed Examining Need for Protections of Family Land


July 16, 2010  The National Conference of Commissioners on Uniform State Laws adopts a model state law (Uniform Partition of heirs Property Act) aimed a preserving home ownership in poor, predominating minority communities.

May 2009  Texas Appleseed supports legislation adopted in the 2009 Session to make it possible for low-income families, without clear title to their land (heir property), quallify for disaster relief funds to rebuild after Hurricanes Ike and Dolly.

Pro Bono Partners & Funders

Texas Appleseed is grateful for the support of its pro bono partner Greenberg Traurig, LLP and funder J.P. Morgan Chase.

 

Links

Appleseed Centers in other states are also working on heir property issues:

Alabama Appleseed

Georgia Appleseed

 

National Conference of Commissioners on Uniform State Laws