If you have ever shared a car, a bathroom, or a computer with your sibling, you know sharing can be complicated. This is especially true when multiple people co-own real property inherited from a relative. Whether due to fighting over finances, or the use of the property, one or more co-owners often seek to split up the property or liquidate their ownership, regardless of the desires of other owners. To do this, a co-owner files a “partition” action with the Superior Court. Recently, the State Legislature made some big changes to partition actions.

Before August 7, 2025, a partition action between co-owners regarding real property gifted by or inherited from a relative was treated like any other partition action. As of August 7, 2025, however, these partition actions are subject to the Uniform Partition of Heirs Property Act, which sets out rules specific to partitioning “heirs property.” The Act's definition of “heirs property” is rather complex, but generally, it is real property owned by multiple individuals which was acquired by at least one co-owner from another relative.

If the Act applies, the Court must appoint a special master, who is tasked with determining the fair market value of the real property. After the special master recommends a fair market value to the Court, the co-owners have an opportunity to request a partition of the property by sale, rather than “in kind,” i.e., by physical division of the property into multiple separate parcels representing each co-owner's percentage interest in the property.

Before the Act was passed, when at least one co-owner requested a partition by sale, the Court had wide discretion to decide whether to partition a property in kind or by sale. Now, under the Act, the Court must permit co-owners the opportunity to buy out any co-owner who requested a partition by sale, before it even addresses the question of whether the property should be partitioned by sale or in kind. This new requirement ensures that co-owners who may have a sentimental or familial interest in retaining the property have an opportunity to purchase the other co-owners' interests before it is offered for sale to the public.

If none of the co-owners elects to buy out the other co-owners, then the Court must determine whether the property should be partitioned by sale or in kind. Under the Act, the Court must partition the property in kind unless, after considering specific factors listed in the Act, partition in kind would “result in great prejudice to the cotenants as a group.” These factors include whether the property can practically be divided and whether division of the property would significantly reduce its value.  However, the Act also requires Courts to consider factors unique to heirs property, such as evidence of past co-ownership by relatives and a co-owner's sentimental attachment to the property by virtue of their family's ownership of same.  

By requiring a Court to consider such factors, there is an increased likelihood that real property passed down in a family will remain within the family.

If you are involved in a partition action and think the Uniform Partition of Heirs Property Act may apply to your case, please call and schedule a free consultation.