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MS HB1357

Bill

Status

Failed

2/14/2019

Primary Sponsor

Jarvis Dortch

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • 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.

  • 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.

  • Mandates court-ordered appraisal to determine fair market value of the property, with a 30-day objection period and hearing before value is finalized.

  • 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.

  • 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

Committee Referrals

Judiciary A1/21/2019

Full Bill Text

No bill text available