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MS HB528

Bill

Status

Failed

1/30/2018

Primary Sponsor

Alyce Clarke

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Creates the "Uniform Partition of Heirs Property Act" applicable to partition actions filed on or after July 1, 2018, establishing special procedures for dividing real property held in tenancy in common where at least 20% of interests are held by relatives or acquired from relatives.

  • Requires plaintiffs seeking notice by publication to post a conspicuous sign on the property identifying the court and case information within 10 days of the court's determination that the property may be heirs property.

  • Mandates court-ordered appraisal by a licensed real estate appraiser to determine fair market value, with 30-day objection period and hearing before partition proceeds, unless cotenants agree on an alternative valuation method.

  • Allows cotenants who did not request partition by sale to purchase the interests of cotenants who did within 45 days at a price based on the determined property value multiplied by the requesting cotenant's fractional ownership.

  • Establishes partition procedures prioritizing partition in kind (physical division) unless the court finds manifest prejudice to the cotenants as a group; if partition in kind is not feasible, authorizes partition by sale through open-market sale, sealed bids, or auction.

Legislative Description

Uniform Partition of Heirs Property Act; create.

Last Action

Died In Committee

1/30/2018

Committee Referrals

Judiciary A1/8/2018

Full Bill Text

No bill text available