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HI SB134

Bill

Status

Engrossed

3/10/2015

Primary Sponsor

Gil Keith-agaran

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • 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).

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/27/2015
Consumer Protection & Commerce3/12/2015
Judiciary and Labor2/10/2015
Commerce and Consumer Protection1/22/2015

Full Bill Text

No bill text available