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MS HB1357
Bill
Status
2/14/2019
Primary Sponsor
Jarvis Dortch
Click for details
AI Summary
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Establishes "The Uniform Partition of Heirs Property Act" to provide procedures for partitioning real property held in tenancy in common where at least 20% of interests are held by relatives or acquired from relatives.
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Requires courts to first determine if property is "heirs' property" and, if so, partition it under this act unless all co-tenants agree otherwise in writing.
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Mandates court-ordered appraisal to determine fair market value of the property, with a 30-day objection period and hearing before value is finalized.
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Establishes a buyout process allowing co-tenants to purchase interests of those requesting partition by sale, with specific timelines and allocation procedures based on fractional ownership.
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Authorizes courts to order partition in kind (dividing property into separate parcels) unless substantial prejudice to co-tenants would result, otherwise requires partition by sale through open-market sale, sealed bids, or auction; effective July 1, 2019.
Legislative Description
The Uniform Partition of Heirs Property Act; create procedures to enact.
Last Action
Died On Calendar
2/14/2019