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MI HB4924
Bill
Status
12/31/2024
Primary Sponsor
Emily Dievendorf
Click for details
AI Summary
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Enacts the Uniform Partition of Heirs Property Act as Chapter 34 of Michigan's court procedures law, effective April 2, 2025.
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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.
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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.
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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.
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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