LANSING, Mich., Oct. 8, 2024 — State Rep. Emily Dievendorf’s (D-Lansing) House Bill 4924 passed the Senate today unanimously with bipartisan support. This legislation creates the Uniform Partition of Heirs Property Act, which will provide additional protections to heirs who inherit property as a tenant-in-common.
“This legislation will keep family properties from being forcibly sold. Many low- to middle-income families have lost property and property-related wealth over these tenants in common agreements,” Dievendorf said. “This legislation helps family properties remain in the hands of relatives for generations to come by finding a solution that is fair for all remaining tenants.”
A tenancy-in-common is created when real property is transferred to two or more people who are not married to each other, and there is no reference to joint tenancy or right of survivorship. All the tenants-in-common have an equal right to use or occupy the entire property so long as the tenancy stays intact. House Bill 4924 adds more protections and processes for remaining tenants. These safeguards include receiving certain notices, the right to buy out the party seeking the property partition, and it allows a process for a court to order an open market sale of heirs property when remaining tenants cannot come to an agreement.
Currently, 21 states as well as the District of Columbia and the U.S. Virgin Islands have enacted similar legislation. Having previously passed the Michigan House of Representatives, the bill now heads to Gov. Gretchen Whitmer’s desk for signing into law.
“I am thrilled that the House and Senate were able to come together and pass this legislation with bipartisan support,” Dievendorf said. “This is not a partisan issue. This is a necessary action we are taking to protect family properties from being sold to outside buyers against their wishes.”
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