HB3677 Summary: Uniform Partition of Heirs Property Act

• Establishes the Uniform Partition of Heirs Property Act to govern partition actions for real property held in tenancy in common where at least 20% of interests are held by relatives or acquired from relatives, and no binding partition agreement exists.

• Requires courts to determine fair market value of heirs property through court-ordered appraisals by licensed real estate appraisers, with parties having 30 days to object and court holding a hearing before finalizing value.

• Gives cotenants who did not request partition by sale a 45-day window to purchase all interests of cotenants requesting sale at prices based on the court-determined fair market value, with a structured buyout process including multiple rounds of purchasing opportunities.

• Establishes partition in kind (physical division) as the default remedy unless the court finds it would result in manifest prejudice to cotenants, considering factors including property divisibility, sentimental attachment, ancestral value, tax consequences, and maintenance contributions.

• Requires courts to apportion costs of partition proceedings, including reasonable attorney fees, among parties in a just and equitable manner, with consideration given to good faith settlement attempts and substantial defenses raised by defendants.