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MI HB4924

Bill

Status

Passed

12/31/2024

Primary Sponsor

Emily Dievendorf

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Enacts the Uniform Partition of Heirs Property Act as Chapter 34 of Michigan's court procedures law, effective April 2, 2025.

  • Defines "heirs property" as real property held in tenancy in common where no binding partition agreement exists, one or more cotenants acquired title from a relative, and at least 20% of interests are held by relatives or acquired from relatives.

  • Establishes a court process requiring determination of fair market value through appraisal before partition decisions, with courts preferring partition in kind (dividing property into separate parcels) unless it causes great prejudice to cotenants as a group.

  • Creates a buyout mechanism allowing cotenants to purchase the interests of those requesting partition by sale within 45 days at a price based on the property's appraised value multiplied by the selling cotenant's ownership percentage.

  • Provides for court-ordered sale (by open-market, sealed bid, or auction) only if partition in kind is not feasible and requires consideration of factors including practicability, property value loss from division, duration of family ownership, and sentimental attachment.

Legislative Description

Property: ownership interests; uniform partition of heirs property act; create. Amends sec. 3304 of 1961 PA 236 (MCL 600.3304) & adds ch. 34.

Law: uniform or model acts

Last Action

Assigned Pa 215'24

12/31/2024

Committee Referrals

Civil Rights, Judiciary, And Public Safety3/7/2024
Judiciary7/20/2023

Full Bill Text

No bill text available