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: there is no binding agreement among cotenants governing the partition, at least one cotenant acquired title from a relative, and at least 20% of the interests are 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 chapter 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 court-ordered appraisals and the adoption of agreed-upon valuations by cotenants. It establishes a process for cotenant buyouts, allowing cotenants to purchase the interests of those requesting partition by sale. The act provides options for partitioning the property either in kind (dividing it into physically distinct and separately titled parcels) or by sale (court-ordered sale of the entire heirs' property).
The act emphasizes the need for impartial court-appointed commissioners and details the requirements for notice and service in partition actions, including posting a conspicuous sign on the property if notice by publication is sought. The court is tasked with considering various factors when deciding on partition methods, ensuring fair representation of all cotenants' interests.
Additionally, the act stipulates that sales of heirs' property should generally be conducted as open-market sales, with provisions for appointing a real estate broker if cotenants agree. It also includes reporting requirements for the broker and modifies certain federal regulations regarding electronic signatures to ensure compliance with the act.