HB 594 Summary

• Creates the "Uniform Partition of Heirs Property Act" establishing procedures for partitioning real property held in tenancy in common where at least 20% of interests are held by relatives or acquired from relatives, effective July 1, 2020.

• Requires courts to determine fair market value of heirs property through court-ordered appraisals by licensed real estate appraisers, with parties having 30 days to object and a hearing held at least 30 days after notice.

• Allows cotenants who did not request partition by sale to purchase the interests of those who did at fair market value within 45 days, with multi-cotenant buyers sharing interests proportionally based on existing ownership.

• Establishes partition preference order: partition in kind if it does not cause manifest prejudice (considering factors like divisibility, ancestral attachment, and maintenance contributions); otherwise partition by sale through open-market sale, sealed bids, or auction.

• Requires plaintiffs seeking notice by publication to post a conspicuous sign on the property within 10 days identifying the court, property location, and parties involved in the partition action.