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NC S317

Bill

Status

Introduced

3/17/2025

Primary Sponsor

Benton Sawrey

Click for details

Origin

Senate

2025-2026 Session

AI Summary

  • Enacts the Uniform Partition of Heirs Property Act to govern partition proceedings for real property held in tenancy in common where 20% or more of interests are held by relatives or individuals who inherited from relatives

  • Requires courts to determine fair market value through a licensed appraiser before partition, with parties able to object within 30 days and present additional valuation evidence at a hearing

  • Gives cotenants who did not request partition by sale a 45-day right to buy out the interests of cotenants seeking a sale at the appraised proportional value

  • Mandates partition in kind (physical division) unless the court finds it would cause substantial injury to cotenants as a group, considering factors such as ancestral value, duration of family ownership, and current lawful uses

  • Becomes effective January 1, 2026, and applies to partition petitions filed on or after that date

Legislative Description

Uniform Partition of Heirs Property Act

Public

Last Action

Ref To Com On Rules and Operations of the Senate

3/18/2025

Committee Referrals

Rules and Operations of the Senate3/18/2025

Full Bill Text

No bill text available