The bill amends Chapter 34-15 of the General Laws, focusing on the partition of real estate, particularly concerning "heirs property." Key insertions include new definitions and procedures that require courts to identify heirs property and follow specific protocols, such as mandating plaintiffs to post a conspicuous sign on the property indicating the commencement of a partition action. The bill also establishes a process for determining the fair market value of heirs property, including court-ordered appraisals and the rights of cotenants to buy out interests. Additionally, it clarifies notice requirements for absent or unknown parties involved in partition actions, aiming to streamline the process while protecting the rights of all parties.
Further amendments introduce provisions that enhance the rights of cotenants in partition actions, including requirements for court notifications when a cotenant elects to buy interests from others and timelines for payment. The bill emphasizes the court's role in deciding whether to partition in kind or by sale, considering factors such as the practicality of division and the financial implications for cotenants. It also outlines the process for partition by sale, stipulating that sales should generally occur on the open market unless alternative methods are deemed more beneficial. The bill adds relevant definitions to Chapter 34-3, clarifying what constitutes heirs property and the conditions for filing a partition action, ultimately providing a clearer legal framework for property partitioning among heirs.