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HB 7210

AN ACT RELATING TO PROPERTY -- UNIFORM PARTITION OF HEIRS' PROPERTY ACT

2026 Regular Session Introduced by Justine Caldwell and 9 co-sponsors

Creates a uniform framework to partition heirs' property, enabling buyouts, orderly sales, or partition in kind with transparent valuation and timelines.

06/19/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · HB 7210

Summary of HB 7210 ( Rhode Island, 2026 ) – Uniform Partition of Heirs' Property Act

Purpose and intent

  • Establishes a Rhode Island chapter 34-15.1 within Title 34 (Property) to create a uniform framework for partitioning heirs' property.
  • Aims to provide a structured process for resolving ownership when real property is held in tenancy in common by multiple cotenants, many of whom are relatives, and where there is no binding record agreement governing partition.

Key provisions and changes

  • Estonia and scope
    • Creates 34-15.1, the Uniform Partition of Heirs' Property Act, applicable to partition actions filed after January 1, 2027.
  • Definitions (34-15.1-2)
    • Clarifies terms: ascendant, descendant, collateral, relative, heirs' property, partition by sale, partition in kind, determination of value, and related concepts such as record and value.
    • Heirs' property is specifically defined by factors such as lack of a binding partition agreement and substantial ownership by relatives (e.g., 20% or more held by relatives or by someone who acquired title from a relative).
  • Applicability and relation to existing law (34-15.1-3)
    • Applies to new partition actions after 2027 and supplements, but may supersede inconsistent provisions in current Chapter 15 of Title 34.
  • Notice and service (34-15.1-4)
    • If notice by publication is used and property may be heirs' property, a conspicuous sign must be posted on the property within 10 days of the court’s determination of heirs' property status, indicating action details.
  • Commissioners (34-15.1-5)
    • Appointed commissioners must be disinterested, impartial, and not parties to the action.
  • Valuation (34-15.1-6)
    • Courts generally determine fair market value via appraisal, unless cotenants agree on value or the cost of appraisal outweighs evidentiary value.
    • Appraisal process includes appointment of a licensed Rhode Island appraiser, filing of sworn/verified appraisal, and notice to parties with opportunities to object within 30 days.
    • The court conducts a value hearing after objections and, if appropriate, determines the value again and notifies parties.
  • Cotenant buyout (34-15.1-7)
    • Allows cotenants who did not request partition by sale to buy out those who did request sale, at a price equal to the entire parcel value times the purchasing cotenant’s fractional ownership.
    • Sets timelines and procedures for multiple electors and partial payments, with buyout mechanics and possible reallocations.
    • If some electing cotenants fail to pay, the court may proceed with other partition steps or buyout adjustments.
  • Partition alternatives (34-15.1-8)
    • If buyouts do not resolve all interests, or if partition by sale is still requested, the court may order partition in kind or sale depending on prejudice to cotenants.
    • If partition in kind is ordered, the court may require payments between cotenants to achieve proportionality; unknown or unlocatable cotenants may receive undivided interests.
  • Considerations for partition in kind (34-15.1-9)
    • Courts must weigh practicability, value efficiency, duration of ownership, sentimental value, lawful use, and pro rata contributions, among other factors.
  • Open market sale process (34-15.1-10)
    • Open-market sale is favored unless sealed bids/auction are more advantageous.
    • Appointed real estate brokers must pursue offers at or above the determined value; if not, the court may reconsider value or switch to sealed bids/auction.
  • Reporting and transparency (34-15.1-11)
    • Brokers must file detailed sale reports including buyers, price, terms, liens, commissions, and other material facts.
  • Uniformity and electronic signatures (34-15.1-12, 34-15.1-13)
    • Ensures consistency with similar laws across states and clarifies implications for electronic signatures per federal law.

Who and what is affected

  • Real property held in tenancy in common with multiple cotenants, especially where many cotenants are relatives and there is no binding agreement governing partition.
  • Court systems, appraisers, commissioners, and real estate brokers involved in partition actions.

Procedural and timeline aspects

  • Effective date: January 1, 2027.
  • Applications of the act are limited to partition actions filed after that date.
  • Several procedural steps trigger notices, postings, appraisals, hearings, and buyout timelines (e.g., 30-day objection windows, 45-day buyout notices, 60-day minimum periods for paying electing cotenants).
  • Ensures multiple layers of court oversight, valuation processes, and structured paths to either partition in kind or by sale, with buyouts as a central feature.

This act provides a structured, uniform framework intended to reduce conflict in heirs’ property partition cases, facilitate fair value determinations, and offer mechanisms for buyouts or orderly sales to resolve co-tenant ownership.

Compiled from official sources — confirm details with the bill’s official record.

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