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NJ A5448

Bill

Status

Introduced

3/17/2025

Primary Sponsor

Ellen Park

Click for details

Origin

General Assembly

2024-2025 Regular Session

AI Summary

  • Establishes the "Uniform Partition of Heirs Property Act" to create alternative procedures for court partition actions involving real property held by multiple owners when at least one owner acquired title from a relative

  • Defines "heirs property" as tenancy-in-common property where 20% or more of interests are held by relatives or individuals who acquired title from relatives, and no existing agreement governs partition

  • Requires court appointment of a special master and licensed real estate appraiser to determine fair market value before any partition, with cotenants given opportunity to buy out interests of those requesting sale

  • Mandates partition in kind (physical division of property) unless the court finds it would cause "great prejudice" to cotenants as a group, considering factors such as sentimental attachment, ancestral value, and practical divisibility

  • Orders open-market sales through licensed brokers when partition by sale is required, with property offered at no less than appraised value; takes effect 30 days after enactment for newly filed partition actions

Legislative Description

"Uniform Partition of Heirs Property Act"; provides alternative process for handling partition actions filed in court concerning real property with multiple owners, at least one of whom had acquired title from relative.

Substituted by another Bill

Last Action

Substituted by S1400

5/22/2025

Committee Referrals

Judiciary3/17/2025

Full Bill Text

No bill text available