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FL H0349

Bill

Status

Introduced

10/14/2019

Primary Sponsor

Civil Justice Subcommittee

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Establishes the Uniform Partition of Heirs Property Act in Florida law, applicable to partition actions filed on or after July 1, 2020

  • Defines "heirs property" as real property held in tenancy in common where no binding agreement exists, at least one cotenant acquired title from a relative, and at least 20% of interests involve relatives or relative-acquired titles

  • Creates a court-ordered process for property valuation through court-appointed appraisals, with parties having 30 days to object and court conducting a hearing within 31 days of appraisal filing

  • Establishes a cotenant buyout mechanism allowing non-sale-requesting cotenants to purchase interests of cotenants requesting partition by sale within 45 days, with allocation among multiple buyers based on fractional ownership

  • Provides partition alternatives including partition in kind (physical division) unless commissioners find prejudice to cotenants as a group, or partition by sale through open-market sale, sealed bids, or auction, with open-market being the default method

Legislative Description

Uniform Partition of Heirs Property Act

Last Action

Laid on Table - Companion bill(s) CS/CS/SB 580 passed

3/9/2020

Committee Referrals

Judiciary2/2/2020
Civil Justice Subcommittee10/23/2019

Full Bill Text

No bill text available