Article On Reforming The UPC To Benefit Certain Cabin Owners

Lisa C. Willcox (J.D. Candidate 2016, University of Colorado School of Law) recently pubished an article entitled, You can’t choose your family, but you should choose your co-tenants: reforming the UPC to benefit the modest-means family cabin owner, 87 U. Colo. L. Rev. 307-350 (2016). Provided below is an excerpt from the article:

This Comment explores some of the numerous issues that accompany owning and passing on a cabin and, in particular, focuses on the problems that arise from co-ownership among siblings in real property that has significant sentimental value. In order to address and help alleviate the problems co-owners face in this context, this Comment argues for two legislative actions states should implement to facilitate sibling coownership. First, this Comment proposes over-arching changes to the Uniform Probate Code (UPC). The proposed changes would ensure that those entering co-tenancies2 do so with eyes open to the potential problems associated with co-tenancies. The changes would allow for those who want a co-tenancy to buy out any would-be co-tenant who does not wish to accept the responsibility and costs at the outset,3 instead of waiting for future problems to prompt a partition proceeding.4 Through knowledge of each co-tenant’s rights and responsibilities from the beginning of the co-tenancy relationship, along with a procedure to “opt out” of the co-tenancy, family cabin owners will have a more stable relationship, and thus a more longterm one. Modifying the UPC as proposed would help effectuate the goal of most family cabin owners—to keep the cabin in the family—while promoting family harmony. Additionally, this change would help family cabin owners of modest means keep the cabin without the need for complex and expensive planning options.