In many parts of the country, heirs’ property, which most commonly occurs when land is passed down without a will or estate plan, is a reflection of family legacy and strong community ties. While this form of ownership is legally valid and culturally rooted, families face challenges within legal and financial systems that affect access to housing, housing finance, and the ability to preserve generational wealth. These barriers also impact the long-term resilience of entire communities. Here, learn more about heirs’ property and the challenges families face in resolving tangled titles.
“I think it is inappropriate to only think (sole ownership and residence on the property) are the only goals… (there are) lots of different properties, lots of different families. They want things in different ways… Ownership of residential property is only one of those, and… a successful strategy around heirs’ property…. would be as inclusive of all of those as is possible.”
Practitioner, National
Understanding Heirs’ Property and Communal Land Ownership
What is heirs’ property, how is it created, and how else is land held communally?
Heirs’ property is land that is owned by multiple people as an undivided shared interest, and is often created when a landowner dies without a will or estate plan to pass on their property. In some Native Nations and U.S. territories, communal landownership is a traditional way that land is managed. Learn more about heirs’ property and communal land ownership.
Accessing and Retaining Wealth with Heirs’ Property
What are the risks faced by heirs’ property owners, and what are the working solutions?
Heirs’ property owners are often excluded from mainstream financial systems because they lack a clear title to their property. Partners are working to provide heirs’ property owners with access to these financial systems, flexible capital, and clear pathways to title resolution. Learn more about the risks heirs’ property owners may face and solutions from legal, policy, and housing finance fields.
Title Resolution
What does the process of resolution look like, is it always necessary, and where are the investment opportunities?
Title resolution is a legal process that heirs’ property owners may go through to clear their title or consolidate their property ownership. The process can be lengthy and requires help from multiple professionals along the way. Property owners can be supported in title resolution with resources to complete steps that are not commonly provided by the legal system. Learn more about how resolution is defined, the steps to achieve homeowners’ goals, and opportunities for collaboration and investment.
