Assembly Bill A7058

Signed By Governor
2019-2020 Legislative Session

Establishes the uniform partition of heirs property act

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Sponsored By

Archive: Last Bill Status Via S4865 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2019-A7058 - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §993, RPAP L

2019-A7058 - Summary

Establishes the uniform partition of heirs property act which supplements the general partition statute and governs actions to partition heirs property.

2019-A7058 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7058
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to establishing the uniform partition of heirs property act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 993 to read as follows:
   §  993. UNIFORM PARTITION OF HEIRS PROPERTY ACT. 1. SHORT TITLE.  THIS
 SECTION SHALL BE KNOWN AS THE "UNIFORM PARTITION OF HEIRS PROPERTY ACT".
   2. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ASCENDANT" MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF ASCENT FROM SUCH OTHER INDIVIDUAL.
   (B)  "COLLATERAL"  MEANS AN INDIVIDUAL WHO IS RELATED TO ANOTHER INDI-
 VIDUAL UNDER THE LAW OF INTESTATE SUCCESSION OF THIS STATE  BUT  WHO  IS
 NOT SUCH OTHER INDIVIDUAL'S ASCENDANT OR DESCENDANT.
   (C) "DESCENDANT" MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF DESCENT FROM SUCH OTHER SUCH INDIVIDUAL.
   (D)  "DETERMINATION OF VALUE" MEANS A COURT ORDER DETERMINING THE FAIR
 MARKET VALUE OF HEIRS PROPERTY UNDER SUBDIVISION  SIX  OR  TEN  OF  THIS
 SECTION  OR  ADOPTING  THE  VALUATION  OF  THE PROPERTY AGREED TO BY ALL
 CO-TENANTS.
   (E) "HEIRS PROPERTY" MEANS REAL PROPERTY HELD  IN  TENANCY  IN  COMMON
 WHICH  SATISFIES ALL OF THE FOLLOWING REQUIREMENTS AS OF THE FILING OF A
 PARTITION ACTION:
   (I) THERE IS NO AGREEMENT IN A RECORD BINDING ALL  OF  THE  CO-TENANTS
 WHICH GOVERNS THE PARTITION OF THE PROPERTY;
   (II)  ONE  OR  MORE  OF THE CO-TENANTS ACQUIRED TITLE FROM A RELATIVE,
 WHETHER LIVING OR DECEASED; AND
   (III) ANY OF THE FOLLOWING APPLIES:
   (A) TWENTY PERCENT OR MORE OF THE INTERESTS ARE HELD BY CO-TENANTS WHO
 ARE RELATIVES;
 
              

co-Sponsors

2019-A7058A (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §993, RPAP L

2019-A7058A (ACTIVE) - Summary

Establishes the uniform partition of heirs property act which supplements the general partition statute and governs actions to partition heirs property.

2019-A7058A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7058--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ, WRIGHT -- read once and referred to the
   Committee  on Judiciary -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to establishing the uniform partition of heirs property act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 993 to read as follows:
   § 993. UNIFORM PARTITION OF HEIRS PROPERTY ACT. 1. SHORT TITLE.   THIS
 SECTION SHALL BE KNOWN AS THE "UNIFORM PARTITION OF HEIRS PROPERTY ACT".
   2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ASCENDANT" MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF ASCENT FROM SUCH OTHER INDIVIDUAL.
   (B) "COLLATERAL" MEANS AN INDIVIDUAL WHO IS RELATED TO  ANOTHER  INDI-
 VIDUAL  UNDER  THE  LAW OF INTESTATE SUCCESSION OF THIS STATE BUT WHO IS
 NOT SUCH OTHER INDIVIDUAL'S ASCENDANT OR DESCENDANT.
   (C) "DESCENDANT" MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF DESCENT FROM SUCH OTHER SUCH INDIVIDUAL.
   (D) "DETERMINATION OF VALUE" MEANS A COURT ORDER DETERMINING THE  FAIR
 MARKET  VALUE  OF  HEIRS  PROPERTY  UNDER SUBDIVISION SIX OR TEN OF THIS
 SECTION OR ADOPTING THE VALUATION OF  THE  PROPERTY  AGREED  TO  BY  ALL
 CO-TENANTS.
   (E)  "HEIRS  PROPERTY"  MEANS  REAL PROPERTY HELD IN TENANCY IN COMMON
 WHICH SATISFIES ALL OF THE FOLLOWING REQUIREMENTS AS OF THE FILING OF  A
 PARTITION ACTION:
   (I)  THERE  IS  NO AGREEMENT IN A RECORD BINDING ALL OF THE CO-TENANTS
 WHICH GOVERNS THE PARTITION OF THE PROPERTY;
   (II) ANY OF THE CO-TENANTS ACQUIRED TITLE  FROM  A  RELATIVE,  WHETHER
 LIVING OR DECEASED; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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