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HI SB134
Bill
Status
3/10/2015
Primary Sponsor
Gil Keith-agaran
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AI Summary
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Adopts the Uniform Partition of Heirs Property Act, establishing procedures for partitioning real property held in tenancy in common that meets specific criteria (heirs property).
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Heirs property is defined as property where at least 20% of interests are held by relatives or acquired from relatives, and there is no binding agreement among cotenants governing partition.
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Requires courts to appoint a licensed real estate appraiser to determine fair market value of heirs property, with mandatory notice to all parties and opportunity to object within 30 days.
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Establishes a cotenant buyout process allowing non-selling cotenants to purchase interests of those requesting partition by sale within 45 days at a price based on their fractional ownership.
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Defaults to partition in kind (dividing property into separate parcels) unless the court finds it would cause great prejudice to cotenants; partition by sale is used only when partition in kind is impractical or unfeasible.
Legislative Description
Real Property; Partition; Heirs Property; Uniform Partition of Heirs Property Act
Last Action
The committee(s) on JUD recommend(s) that the measure be deferred.
3/31/2015