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NC S363

Bill

Status

Introduced

3/25/2021

Primary Sponsor

Thomas McInnis

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Enacts the Uniform Partition of Heirs Property Act, establishing a new legal framework for partitioning real property held in tenancy in common where 20% or more of interests are held by relatives or acquired from relatives.

  • Requires courts to determine fair market value through appraisal by a licensed real estate appraiser, with parties having 30 days to object and a hearing to occur at least 30 days after the appraisal is filed.

  • Establishes a cotenant buyout process allowing cotenants to purchase interests of those requesting partition by sale, with a 45-day election period and 60 days to pay, with successive buyout opportunities if initial purchasers default.

  • Prioritizes partition in kind (physical division) unless the court finds it would cause substantial injury to cotenants as a group, considering factors including property divisibility, sentimental value, ancestral significance, and contributions to maintenance.

  • Allows partition by open-market sale, sealed bids, or auction only if partition in kind is not ordered, with sales conducted through court-appointed real estate brokers at prices no lower than the determined property value; becomes effective January 1, 2022.

Legislative Description

Uniform Partition of Heirs Property Act

Public

Last Action

Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

4/28/2021

Committee Referrals

Judiciary4/28/2021
Rules and Operations of the Senate3/29/2021

Full Bill Text

No bill text available