Bill > H1559

This bill amends Chapter 241 of the General Laws to add a new Section 38, which provides a process for partitioning "heirs property" - real property held in tenancy in common where one or more of the cotenants acquired title from a relative. The key provisions include: requiring the court to determine if the property is "heirs property" and, if so, to order an appraisal to determine the fair market value; giving cotenant(s) the opportunity to buy out the interest(s) of any cotenant(s) requesting partition by sale; and establishing a process for the court to order either partition in kind or partition by sale, with specific factors for the court to consider. The bill supplements Chapter 241 and applies to partition actions filed on or after the date of enactment.

Justice

https://malegislature.gov/Bills/192/H1559