MA H1964

Establishes special procedures for partitioning "heirs property" — real estate held in tenancy in common where at least one cotenant inherited from a relative and 20% or more of interests are held by relatives or those who inherited from relatives

Requires court-ordered appraisal to determine fair market value before partition, with 31 days for parties to object; cotenants may agree on property value or alternative valuation method

Grants non-selling cotenants a 45-day right to purchase the interests of cotenants seeking partition by sale at the appraised fair market value, with purchase rights allocated proportionally among multiple electing buyers

Mandates partition in kind (physical division) unless the court finds it would cause "great prejudice" to cotenants, considering factors including ancestral/sentimental value, duration of family ownership, and cotenants' property contributions

Requires open-market sales through licensed brokers when partition by sale is ordered, with sealed bids or auction only if more economically advantageous; applies to partition actions filed after enactment