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NJ A5448
Bill
Status
3/17/2025
Primary Sponsor
Ellen Park
Click for details
AI Summary
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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
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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
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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
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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
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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