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HI HB152
Bill
Status
3/10/2015
Primary Sponsor
Joseph Souki
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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