2025 -- S 0726
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LC002342
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO PROPERTY -- PARTITION
Introduced By: Senators McKenney, Burke, Appollonio, and Euer
Date Introduced: March 07, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 34-15-1, 34-15-7 and 34-15-16 of the General Laws in Chapter 34-1
15 entitled "Partition" are hereby amended to read as follows: 2
34-15-1. Cotenants of estates of inheritance. 3
(a) All joint tenants, coparceners, and tenants in common, who now are or hereafter may 4
be actually seised seized or possessed of any estate of inheritance in any lands, tenements or 5
hereditaments, whether in their own right or as receiver appointed by any state or federal court, or 6
as trustee in bankruptcy, may be compelled to make partition between them of those lands, 7
tenements, and hereditaments by civil action. 8
(b) In an action for partition of real estate, the court shall make a determination if the parcel 9
of real property is heirs property, as defined in § 34-3-4. If the court determines that the real 10
property is heirs property, then the court shall proceed in accordance with §§ 34-15-7 and 34-15-11
16. 12
34-15-7. Notice to absent or unknown parties. 13
(a) In actions for partition of real estate, in which it may be alleged or may appear that any 14
party or person interested therein, not a party plaintiff, is not a resident of the state, or where it is 15
alleged or may appear that any person interested has left the state and it is not known where that 16
person is or whether alive or dead, and, if dead, whether that person has left children, or whether 17
some person unknown to the plaintiff is interested therein, the court before whom the action is 18
pending may order notice to be given to any such party or person, by ordering a copy of its order 19
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to be published in some newspaper published in this state for such length of time as it may deem 1
proper, and may also, in its discretion, order letters, postpaid and directed to the party or person, to 2
be deposited in the post office; and where notice is given as ordered by the court, it may proceed 3
and render judgment in the action in the same manner and with the same effect as if the party or 4
person had received actual or personal notice or had appeared and answered to the action. 5
(b) In actions for partition of real estate where a court has made the determination that the 6
real property in question is heirs property, and the plaintiff seeks notice by publication, then the 7
plaintiff, not later than ten (10) days after the court’s determination, shall post and maintain while 8
the action is pending a conspicuous sign on the property that is the subject of the action. The sign 9
shall state that the action has commenced and identify the name and address of the court and the 10
common designation by which the property is known. The court may require the plaintiff to publish 11
on the sign the name of the plaintiff and the known defendants. 12
34-15-16. Order of sale. 13
(a) In an action for partition for real property that is not considered heirs property, the 14
superior court may, in its discretion, upon motion of any party to the action, order the whole 15
premises sought to be divided, or any particular lot, portion, or tract thereof or the interest of the 16
plaintiff or plaintiffs or of the defendant or defendants in the whole premises, or in any particular 17
lot, portion, or tract thereof, to be sold, either at public auction or by private contract, under the 18
direction of the court, by the commissioner or commissioners appointed to divide or sell the same; 19
provided, that if the sale is made by private contract, it shall not be made for less than the sum fixed 20
by the court in its decree authorizing the sale by private contract. 21
(b) In an action to partition real property where the court has determined that the property 22
is heirs property, the court shall proceed in accordance with the provisions of this section. 23
(1) Except as otherwise provided in subsections (b)(2) and (b)(3) of this section, if the court 24
determines that the property that is the subject of a partition action is heirs property, the court shall 25
determine the fair market value of the property by ordering an appraisal pursuant to subsection 26
(b)(4) of this section. 27
(2) If all cotenants have agreed to the value of the property or to another method of 28
valuation, the court shall adopt that value or the value produced by the agreed method of valuation. 29
(3) If the court determines that the evidentiary value of an appraisal is outweighed by the 30
cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value 31
of the property and send notice to the parties of the value. 32
(4) If the court orders an appraisal, the court shall appoint a disinterested real estate 33
appraiser licensed in this state to determine the fair market value of the property assuming sole 34
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ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn 1
or verified appraisal with the court. 2
(5) If an appraisal is conducted pursuant to subsection (b)(4) of this section, not later than 3
ten (10) days after the appraisal is filed, the court shall send notice to each party with a known 4
address, stating: 5
(i) The appraised fair market value of the property; 6
(ii) That the appraisal is available at the clerk’s office; and 7
(iii) That a party may file with the court an objection to the appraisal not later than thirty 8
(30) days after the notice is sent, stating the grounds for the objection. 9
(6) If an appraisal is filed with the court pursuant to subsection (b)(4) of this section, the 10
court shall conduct a hearing to determine the fair market value of the property not sooner than 11
thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection 12
(b)(5) of this section, whether or not an objection to the appraisal is filed under subsection (b)(5)(iii) 13
of this section. In addition to the court-ordered appraisal, the court may consider any other evidence 14
of value offered by a party. 15
(7) After a hearing under subsection (b)(6) of this section, but before considering the merits 16
of the partition action, the court shall determine the fair market value of the property and send 17
notice to the parties of the value. 18
(c) If any cotenant requested partition by sale, after the determination of value under 19
subsection (b) of this section, the court shall send notice to the parties that any cotenant except a 20
cotenant that requested partition by sale may buy all the interests of the cotenants that requested 21
partition by sale. 22
(1) Not later than forty-five (45) days after the notice is sent under this section, any 23
cotenant, except a cotenant that requested partition by sale, may give notice to the court that it elects 24
to buy all the interests of the cotenants that requested partition by sale. 25
(2) The purchase price for each of the interests of a cotenant that requested partition by sale 26
is the value of the entire parcel determined under subsection (b) of this section, multiplied by the 27
cotenant’s fractional ownership of the entire parcel. 28
(3) After expiration of the period in subsection (c)(1) of this section, the following rules 29
apply: 30
(i) If only one cotenant elects to buy all the interests of the cotenants that requested partition 31
by sale, the court shall notify all the parties of that fact. 32
(ii) If more than one cotenant elects to buy all the interests of the cotenants that requested 33
partition by sale, the court shall allocate the right to buy those interests among the electing cotenants 34
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based on each electing cotenant’s existing fractional ownership of the entire parcel divided by the 1
total existing fractional ownership of all cotenants electing to buy and send notice to all the parties 2
of that fact and of the price to be paid by each electing cotenant. 3
(iii) If no cotenant elects to buy all the interests of the cotenants that requested partition by 4
sale, the court shall send notice to all the parties of that fact and resolve the partition action under 5
subsection (d) of this section. 6
(4) If the court sends notice to the parties under subsections (c)(3)(i) or (c)(3)(ii) of this 7
section, the court shall set a date, not sooner than sixty (60) days after the date the notice was sent, 8
by which electing cotenants shall pay their apportioned price into the court. After this date, the 9
following rules apply: 10
(i) If all electing cotenants timely pay their apportioned price into court, the court shall 11
issue an order reallocating all the interests of the cotenants and disburse the amounts held by the 12
court to the persons entitled to them. 13
(ii) If no electing cotenant timely pays its apportioned price, the court shall resolve the 14
partition action under subsection (d) of this section, as if the interests of the cotenants that requested 15
partition by sale were not purchased. 16
(iii) If one or more but not all of the electing cotenants fail to pay their apportioned price 17
on time, the court shall give notice to the electing cotenants that paid their apportioned price of the 18
interest remaining and the price for all that interest. 19
(5) Not later than twenty (20) days after the court gives notice pursuant to subsection 20
(c)(4)(iii) of this section, any cotenant that paid may elect to purchase all of the remaining interest 21
by paying the entire price into the court. After the twenty (20) day period, the following rules apply: 22
(i) If only one cotenant pays the entire price for the remaining interest, the court shall issue 23
an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order 24
reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons 25
entitled to them. 26
(ii) If no cotenant pays the entire price for the remaining interest, the court shall resolve 27
the partition action under subsection (d) of this section, as if the interests of the cotenants that 28
requested partition by sale were not purchased. 29
(iii) If more than one cotenant pays the entire price for the remaining interest, the court 30
shall reapportion the remaining interest among those paying cotenants, based on each paying 31
cotenant’s original fractional ownership of the entire parcel divided by the total original fractional 32
ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue 33
promptly an order reallocating all of the cotenants’ interests, disburse the amounts held by it to the 34
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persons entitled to them, and promptly refund any excess payment held by the court. 1
(6) Not later than forty-five (45) days after the court sends notice to the parties pursuant to 2
this section, any cotenant entitled to buy an interest under this section may request the court to 3
authorize the sale as part of the pending action of the interests of cotenants named as defendants 4
and served with the complaint but that did not appear in the action. 5
(7) If the court receives a timely request under subsection (c)(6) of this section, the court, 6
after hearing, may deny the request or authorize the requested additional sale on such terms as the 7
court determines are fair and reasonable, subject to the following limitations: 8
(i) A sale authorized under this section may occur only after the purchase prices for all 9
interests subject to sale under subsections (c)(1) through (c)(5) of this section have been paid into 10
court and those interests have been reallocated among the cotenants as provided in those 11
subsections; and 12
(ii) The purchase price for the interest of a non-appearing cotenant is based on the court’s 13
determination of value under subsection (b) of this section. 14
(d) In an action to partition real property where the court has determined that the property 15
is heirs property and in an action where all the interests of all cotenants that requested partition by 16
sale are not purchased by other cotenants pursuant to subsection (c) of this section, or if after 17
conclusion of the buyout under subsection (c) of this section, a cotenant remains that has requested 18
partition in kind, the court shall order partition in kind unless the court, after consideration of the 19
factors listed in subsection (e) of this section, finds that partition in kind will result in manifest 20
prejudice to the cotenants as a group. In considering whether to order partition in kind, the court 21
shall approve a request by two (2) or more parties to have their individual interests aggregated. If 22
the court does not order partition in kind under this section, the court shall order partition by sale 23
pursuant to subsection (f) of this section, or, if no cotenant requested partition by sale, the court 24
shall dismiss the action. If the court orders partition in kind pursuant to this section, the court may 25
require that one or more cotenants pay one or more other cotenants amounts so that the payments, 26
taken together with the value of the in-kind distributions to the cotenants, will make the partition 27
in kind just and proportionate in value to the fractional interests held. If the court orders partition 28
in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a 29
default judgment, if their interests were not bought out pursuant to subsection (c) of this section, a 30
part of the property representing the combined interests of these cotenants as determined by the 31
court and this part of the property shall remain undivided. 32
(e) In determining under subsection (d) of this section, whether partition in kind would 33
result in manifest prejudice to the cotenants as a group, the court shall consider the following factors 34
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but shall not consider any one factor to be dispositive without weighing the totality of all relevant 1
factors and circumstances: 2
(1) Whether the heirs property practicably can be divided among the cotenants; 3
(2) Whether partition in kind would apportion the property in such a way that the aggregate 4
fair market value of the parcels resulting from the division would be materially less than the value 5
of the property if it were sold as a whole, taking into account the condition under which a court-6
ordered sale likely would occur; 7
(3) Evidence of the collective duration of ownership or possession of the property by a 8
cotenant and one or more predecessors in title or predecessors in possession to the cotenant who 9
are or were relatives of the cotenant or each other; 10
(4) Cotenant’s sentimental attachment to the property, including any attachment arising 11
because the property has ancestral or other unique or special value to the cotenant; 12
(5) The lawful use being made of the property by a cotenant and the degree to which the 13
cotenant would be harmed if the cotenant could not continue the same use of the property; 14
(6) The degree to which the cotenants have contributed their pro rata share of the property 15
taxes, insurance, and other expenses associated with maintaining ownership of the property or have 16
contributed to the physical improvement, maintenance, or upkeep of the property; and 17
(7) Any other relevant factor. 18
(f) The following shall control for the partition of heirs property by partition by sale. 19
(1) If the court orders a sale of heirs property, the sale shall be an open-market sale unless 20
the court finds that a sale by sealed bids or an auction would be more economically advantageous 21
and in the best interest of the cotenants as a group. 22
(2) If the court orders an open-market sale and the parties, not later than ten (10) days after 23
the entry of the order, agree on a real estate broker licensed in this state to offer the property for 24
sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not 25
agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to 26
offer the property for sale and shall establish a reasonable commission. The broker shall offer the 27
property for sale in a commercially reasonable manner at a price no lower than the determination 28
of value and on the terms and conditions established by the court. 29
(3) If the broker appointed under subsection (f)(2) of this section, obtains within a 30
reasonable time an offer to purchase the property for at least the determination of value: 31
(i) The broker shall comply with the reporting requirements in subsection (g) of this 32
section; and 33
(ii) The sale may be completed in accordance with state law other than this section. 34
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(4) If the broker appointed under subsection (f)(2) of this section does not obtain within a 1
reasonable time an offer to purchase the property for at least the determination of value, the court, 2
after hearing, may: 3
(i) Approve the highest outstanding offer, if any; 4
(ii) Redetermine the value of the property and order that the property continue to be offered 5
for an additional time; or 6
(iii) Order that the property be sold by sealed bids or at an auction. 7
(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and 8
conditions of the sale. If the court orders an auction, the auction shall be conducted under subsection 9
(a) of this section. 10
(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled 11
to a credit against the price in an amount equal to the purchaser’s share of the proceeds. 12
(g) A broker appointed under subsection (f)(2) of this section, to offer heirs property for 13
open-market sale shall file a report with the court not later than seven (7) days after receiving an 14
offer to purchase the property for at least the value determined under subsections (b) or (f) of this 15
section. This report shall contain the following information: 16
(1) A description of the property to be sold to each buyer; 17
(2) The name of each buyer; 18
(3) The proposed purchase price; 19
(4) The terms and conditions of the proposed sale, including the terms of any owner 20
financing; 21
(5) The amounts to be paid to lienholders; 22
(6) A statement of contractual or other arrangements or conditions of the broker’s 23
commission; and 24
(7) Other material facts relevant to the sale. 25
(h) The provisions of this chapter, modifies, limits, and supersedes the Electronic 26
Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, 27
limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery 28
of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b). 29
SECTION 2. Chapter 34-3 of the General Laws entitled "Tenancy in Common" is hereby 30
amended by adding thereto the following section: 31
34-3-4. Definitions. 32
As used in this title, unless the context otherwise requires: 33
(1) “Ascendant” means an individual who precedes another individual in lineage, in the 34
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direct line of ascent from the other individual. 1
(2) “Collateral” means an individual who is related to another individual under the law of 2
intestate succession of this state but who is not the other individual’s ascendant or descendant. 3
(3) “Descendant” means an individual who follows another individual in lineage, in the 4
direct line of descent from the other individual. 5
(4) “Determination of value” means a court order determining the fair market value of heirs 6
property under § 34-15-16 or adopting the valuation of the property agreed to by all cotenants. 7
(5) “Heirs property” means real property held in tenancy in common which satisfies all of 8
the following requirements as of the filing of a partition action: 9
(i) There is no agreement in a record binding all the cotenants which governs the partition 10
of the property; 11
(ii) One or more of the cotenants acquired title from a relative, whether living or deceased; 12
and 13
(iii) Any of the following applies: 14
(A) Twenty percent (20%) or more of the interests are held by cotenants who a relatives; 15
(B) Twenty percent (20%) or more of the interests are held by an individual who acquired 16
title from a relative, whether living or deceased; or 17
(C) Twenty percent (20%) or more of the cotenants are relatives. 18
(6) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by 19
auction, sealed bids, or open-market sale conducted under § 34-15-16. 20
(7) “Partition in kind” means the division of heirs property into physically distinct and 21
separately titled parcels. 22
(8) “Record” means information that is inscribed on a tangible medium or that is stored in 23
an electronic or other medium and is retrievable in perceivable form. 24
(9) “Relative” means an ascendant, descendant, or collateral or an individual otherwise 25
related to another individual by blood, marriage, adoption, or law of this state other than this 26
section. 27
SECTION 3. This act shall take effect upon passage. 28
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- PARTITION
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This act would create a cause of action for partition of heirs property held in tenancy in 1
common. 2
This act would take effect upon passage. 3
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