Bill > H1744

This bill amends Chapter 241 of the General Laws to create a new Section 38, which provides a framework 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: 1) Requiring the court to determine if the property is "heirs property" and, if so, to follow the procedures outlined in the new Section 38 unless the cotenants agree otherwise. 2) Establishing a process for determining the fair market value of the property, including court-ordered appraisals and opportunities for cotenants to object and be heard. 3) Allowing cotenants to buy out the interests of others requesting partition by sale, and providing a procedure for the court to allocate those purchase rights. 4) Requiring the court to order partition in kind unless it finds that would result in great prejudice to the cotenants, and providing factors for the court to consider in making that determination. 5) Governing the process for court-ordered sales of the property, including requirements for open-market sales and use of sealed bids or auctions. The bill is intended to promote uniformity with other states that have enacted similar laws regarding the partition of heirs property.

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https://malegislature.gov/Bills/193/H1744