§ 993 SECTION 993 Uniform partition of heirs property act
RPAPL § 993
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 individual 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;
(iii)the property is used for residential or agricultural purposes; and
(iv)any of the following applies:
(A) twenty percent or more of the interests are held by co-tenants who are relatives;
(B) twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased;
(C) twenty percent or more of the co-tenants are relatives of each other; or
(D) any co-tenant who acquired title from a relative resides in the property.
(f)"Partition by sale" means a court-ordered sale of the entire heirs property, or the portion thereof in which any co-tenant who acquired title from a relative resides, whether by auction, sealed bids, or open-market sale conducted under subdivision ten of this section.
(g)"Partition in kind" means partition or division of heirs property into physically distinct and separately titled parcels.
(h)"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
3.Applicability; relation to other law.
4.Service; notice by posting.
5.Settlement conference.
6.Determination of value.
7.Co-tenant buyout.
8.Partition alternatives.
9.Considerations for partition in kind.
(v)the lawful use being made of the property by a resident or other co-tenant and the degree to which any such co-tenant would be harmed if the co-tenant could not continue the same use of the property;
(vi)the degree to which the co-tenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property;
(vii)the price, terms and conditions of the acquisition of the co-tenant's interest in the property if such co-tenant is not a relative of the person from whom it acquired his or her interest; and
(viii)any other relevant factor.
10.Open-market sale, sealed bids, or auction.
11.Report of open-market sale.
12.Prohibition on initiation of a partition action. No partition action related to an heirs property may be initiated by a party that purchased or otherwise acquired their share or shares by means other than inheritance, and who did not inherit their share or shares directly from a person who was a co-tenant prior to the property becoming heirs property or from a co-tenant who was an heir thereto.
13.Right of first refusal.
