The bill introduces Chapter 15.1, the "Uniform Partition of Heirs' Property Act," to Title 34 of the General Laws, establishing a legal framework for partition actions involving heirs' property. Heirs' property is defined as real property held in tenancy in common that satisfies specific criteria, including the absence of a binding agreement among cotenants and at least 20% of the interests being held by relatives or individuals who acquired title from relatives.
The act mandates that if a court determines property is heirs' property, it must be partitioned according to the new provisions unless all cotenants agree otherwise. The law will take effect for partition actions filed after January 1, 2026.
The bill outlines procedures for determining the fair market value of heirs' property, including the appointment of a disinterested real estate appraiser if necessary. It establishes a process for cotenant buyouts, allowing cotenants who did not request partition by sale to purchase the interests of those who did. The act provides options for partitioning the property either in kind or by sale, with a preference for partition in kind unless it would result in great prejudice to the cotenants as a group.
The legislation emphasizes the appointment of impartial court commissioners and the need for proper notice and service in partition actions, including posting a conspicuous sign on the property if notice by publication is sought. It stipulates that sales of heirs' property should generally be conducted as open-market sales, with a licensed real estate broker managing the sale and required to report to the court on offers received.
Additionally, the act aims for uniform application across states and modifies certain federal regulations regarding electronic signatures.