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FL S0580

Bill

Status

Passed

6/22/2020

Primary Sponsor

Community Affairs

Click for details

Origin

Senate

2020 Regular Session

AI Summary

  • Creates the Uniform Partition of Heirs Property Act as part II of chapter 64, Florida Statutes, establishing specialized procedures for partitioning heirs property held in tenancy in common.

  • Defines heirs property as real property held in tenancy in common where at least one cotenant acquired title from a relative and at least 20% of interests are held by relatives or acquired from relatives.

  • Requires courts to determine fair market value through licensed appraisers, establishes a cotenant buyout process allowing non-selling cotenants to purchase interests of those requesting partition by sale within 45 days.

  • Provides alternatives for partition including partition in kind (physical division) unless commissioners find it would prejudice cotenants, with factors including property divisibility, sentimental value, duration of family ownership, and maintenance contributions.

  • Authorizes sales through open-market sale, sealed bids, or auction if partition in kind is not ordered, with real estate brokers appointed by the court at reasonable commissions and sales conducted at prices no lower than determined value; effective July 1, 2020.

Legislative Description

Uniform Partition of Heirs Property Act

Last Action

Chapter No. 2020-55

6/22/2020

Committee Referrals

Rules1/16/2020
Community Affairs12/13/2019
Judiciary11/1/2019

Full Bill Text

No bill text available