Texas 2017 - 85th Regular

Texas Senate Bill SB499

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the adoption of the Uniform Partition of Heirs' Property Act.

Impact

The adoption of this bill will amend the Texas Property Code by adding Chapter 23A, which will clarify how heirs' property is partitioned. It emphasizes that property must be partitioned under this new chapter unless all cotenants unanimously agree otherwise. This change aims to alleviate disputes that may arise when family members inherit property together, providing a legal basis for resolving disagreements over management and ownership stakes.

Summary

SB499, known as the Uniform Partition of Heirs' Property Act, aims to provide a standardized framework for the partition of heirs' property in Texas. The bill specifically addresses situations where real property is held in tenancy in common among family members, emphasizing the importance of fair and equitable treatment of all cotenants during the partition process. Its provisions intend to guide courts in determining the status of heirs' property and govern the methods of partitioning that property, whether by sale or by division into parts.

Sentiment

The general sentiment regarding SB499 appears to be positive, as it seeks to create a more uniform and structured process for dividing inherited property among family members. Supporters argue that it will help preserve familial relationships and reduce conflicts that often arise in the personal and emotional context of property inheritance. However, skepticism remains about the potential for judicial involvement in deeply personal family matters, highlighting concerns regarding the autonomy of families to resolve their disputes without court intervention.

Contention

Notable points of contention include the balance between judicial oversight and the self-governance of families in managing inherited properties. Some critics may argue that a more formalized legal process could be seen as intrusive, imposing solutions that may not reflect the unique dynamics of familial relationships. In contrast, advocates see the law as necessary to prevent disputes from escalating into long, protracted legal battles, ultimately damaging the very familial ties the law aims to protect.

Companion Bills

TX HB1358

Identical Relating to the adoption of the Uniform Partition of Heirs' Property Act.

Previously Filed As

TX SB1779

Relating to the adoption of the Uniform Electronic Estate Planning Documents Act.

TX HB2987

Relating to the exemption of tangible personal property from ad valorem taxation; making conforming changes.

TX SB1789

Relating to the exemption of tangible personal property from ad valorem taxation; making conforming changes.

TX SB2

Relating to providing property tax relief through the public school finance system, exemptions, limitations on appraisals and taxes, and property tax administration; authorizing the imposition of a fee.

TX HB2

Relating to providing property tax relief through the public school finance system, exemptions, limitations on appraisals and taxes, and property tax administration; authorizing the imposition of a fee.

TX HB2628

Relating to the resale price of real property repurchased from a condemning entity by a previous owner or the owner's heirs, successors, or assigns.

TX HB2476

Relating to the adoption of a veterans' land bank program by the Texas State Affordable Housing Corporation.

TX HB3490

Relating to the notice and compensation a municipality must provide before revoking the right to use property for a use that was allowed before the adoption of or change to a zoning regulation or boundary.

TX SB929

Relating to the notice and compensation a municipality must provide before revoking the right to use property for a use that was allowed before the adoption of or change to a zoning regulation or boundary.

TX HB2

Relating to providing property tax relief through the public school finance system and property tax appraisal and administration.

Similar Bills

CA AB633

Partition of real property: Uniform Partition of Heirs Property Act.

NJ S860

"Uniform Partition of Heirs Property Act"; provides alternative process for handling partition actions filed in court concerning real property with multiple owners, at least one of whom had acquired title from relative.

MI HB4924

Property: ownership interests; uniform partition of heirs property act; create. Amends sec. 3304 of 1961 PA 236 (MCL 600.3304) & adds ch. 34.

AZ HB2521

Partition; property; inheritance

NJ S1400

"Uniform Partition of Heirs Property Act"; provides alternative process for handling partition actions filed in court concerning real property with multiple owners, at least one of whom had acquired title from relative.

NJ A5448

"Uniform Partition of Heirs Property Act"; provides alternative process for handling partition actions filed in court concerning real property with multiple owners, at least one of whom had acquired title from relative.

WV HB4575

To establish the Uniform Partition of Heirs Property Act

TX HB1358

Relating to the adoption of the Uniform Partition of Heirs' Property Act.