Bill > SB70

This bill creates the Uniform Partition of Heirs Property Act, which establishes a comprehensive framework for resolving property disputes among co-owners who have inherited land, often through family succession. The legislation defines "heirs property" as real estate owned by multiple relatives, with specific criteria including at least 20% of interests held by relatives or acquired from a relative. The bill provides a detailed process for handling partition actions, prioritizing keeping the property within the family when possible. If co-owners cannot agree, the court must first consider partition in kind (physically dividing the property), evaluating factors like sentimental attachment, duration of ownership, and potential economic impact. If partition in kind is not feasible, the court may order a sale, preferring an open-market sale with protections to ensure fair valuation. Additionally, the bill creates a "heirs property research fund" that will provide grants up to $2,000 to help Kentucky residents research family property history, conduct title searches, and obtain professional services related to understanding and resolving property ownership issues. The legislation aims to provide a more equitable and transparent method for resolving complicated family property ownership scenarios, particularly for historically marginalized communities who may have inherited land without formal documentation.

Justice

https://apps.legislature.ky.gov/record/25RS/sb70.html