summary
Introduced
02/28/2025
02/28/2025
In Committee
02/28/2025
02/28/2025
Crossed Over
Passed
Dead
06/20/2025
06/20/2025
Introduced Session
2025 Regular Session
Bill Summary
This act would enact processes to partition heirs' property, which often refers to real property that is owned by multiple relatives (co-tenants) who have inherited the property's title and that does not have a written agreement on how to divide the property. Under the act, if a cotenant sought to partition the property, the court would have to notify all other co-tenants and allow them to buy out the interest of the co-tenant wishing to sell. The act would require the court to determine the fair market value of the property and specify how to do so. Also, under certain conditions, such as if a buyout did not occur, the court could require co-tenants to divide the property into physically distinct and separately titled parcels. If the court ordered a sale of the property and the co-tenants agreed, the court would have to hire a real estate broker for the sale of a property and require that broker to file a report containing information on offers for the property. This act would take effect on January 1, 2026.
AI Summary
This bill adopts the Uniform Partition of Heirs' Property Act, which provides comprehensive guidelines for resolving property disputes among co-owners, particularly those who have inherited property from relatives. The bill defines "heirs' property" as real property held in common ownership where at least 20% of the interests are held by relatives or individuals who inherited the property from a relative, and where no existing agreement governs the property's partition. The act establishes a detailed process for determining the property's fair market value through court-appointed appraisals and allows co-owners the opportunity to buy out the interests of those seeking to sell the property. If a buyout is not feasible, the court must consider multiple factors before deciding whether to partition the property physically (partition in kind) or order a sale, including the property's practical divisibility, the owners' sentimental attachments, duration of ownership, and each owner's contributions to property maintenance. The bill prioritizes keeping family-owned property intact when possible and provides a transparent, equitable process for resolving ownership disputes. The act will take effect on January 1, 2026, and applies to partition actions filed after that date, supplementing existing property partition laws in the state.
Committee Categories
Justice
Sponsors (5)
Last Action
Committee recommended measure be held for further study (on 03/11/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://status.rilegislature.gov/ |
| BillText | https://webserver.rilegislature.gov/BillText25/HouseText25/H5937.pdf |
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