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NC S317
Bill
AI Summary
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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
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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
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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
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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
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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