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HI HB152

Bill

Status

Engrossed

3/10/2015

Primary Sponsor

Joseph Souki

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Enacts the Uniform Partition of Heirs Property Act, establishing new procedures for partitioning real property held in tenancy in common that meets specific criteria involving family-acquired interests.

  • Defines "heirs property" as property with no binding partition agreement where relatives hold at least 20% of interests or acquired title from relatives, requiring partition under this new chapter rather than existing law.

  • Requires courts to determine fair market value through licensed appraisals and allows cotenants to buy out others' interests at proportional value before forced sale, with a 45-day buyout period.

  • Establishes partition in kind (dividing property into separate parcels) as the preferred method unless the court finds it causes great prejudice, considering factors like practicability, economic loss, family history, sentimental value, and property maintenance contributions.

  • Permits partition by open-market sale, sealed bids, or auction only when partition in kind is not feasible, with detailed procedures for broker appointments, reporting requirements, and establishing reasonable sale terms.

Legislative Description

Real Property; Partition; Heirs Property

Last Action

Referred to CPN, JDL.

3/12/2015

Committee Referrals

Commerce and Consumer Protection3/12/2015
Judiciary2/12/2015
Consumer Protection & Commerce1/26/2015

Full Bill Text

No bill text available