Bill > S2560

This bill establishes a new section in Chapter 241 of the Massachusetts General Laws to govern the partition of "heirs property," which is real property held in tenancy in common where one or more of the cotenants acquired title from a relative. The key provisions of the bill include: - Defining important terms like "heirs property," "partition by sale," and "partition in kind." - Requiring the court to determine the fair market value of the property through an appraisal process before considering the merits of the partition action. - Providing a process for cotenants to buy out the interests of those who requested partition by sale. - Establishing a preference for partition in kind unless the court finds it would result in great prejudice to the cotenants as a group, considering factors like the ability to practically divide the property and the sentimental attachment of cotenants. - Providing specific requirements for the court-ordered sale of the property if partition in kind is not possible. The bill applies to partition actions filed on or after the date of enactment and is intended to promote uniformity with other states that have enacted similar laws.

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https://malegislature.gov/Bills/193/S2560