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HI HB2175
Bill
Status
1/27/2016
Primary Sponsor
Joseph Souki
Click for details
AI Summary
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Adopts the Uniform Partition of Heirs Property Act, creating a new chapter governing partition of real property held in tenancy in common that meets specific criteria involving family ownership.
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Defines "heirs property" as real property in tenancy in common with no binding agreement on partition where at least 20% of interests are held by relatives or acquired from relatives, and applies to partition actions filed on or after January 1, 2017.
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Requires courts to determine fair market value of heirs property through appraisal by a licensed appraiser, with notice to 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 proportional to the appraised value.
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Requires courts to order partition in kind (physical division) unless doing so would cause great prejudice to cotenants, considering factors such as divisibility, sentimental value, property use, and cotenants' maintenance contributions; if partition in kind is not feasible, the court orders partition by sale.
Legislative Description
Real Property; Partition; Heirs Property; Uniform Partition of Heirs Property Act
Last Action
Passed Second Reading and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Tokioka excused (1).
2/12/2016