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18-60-401. Petition — Determination of heirs property — Applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-401. Petition — Determination of heirs property — Applicability.
(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.
(b)(1) The petition shall contain:
(A) The description of the property;
(B) The names of each party having an interest in the property and the nature and amount of the interest; and
(C) A prayer for:
(i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and
(ii) Any other appropriate relief.
(2) All persons interested in the property who have not united in the petition shall be summoned to appear.
(c)(1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002.
(2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002:
(A) Apply to the partition of the property; and
(B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-60-401
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a1869e1b8794cb367c77b06a4ca84aaf550a6b3db30bad35b568b67c85396faf
Source location: content.xml paragraph 12774
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18-60-401. Petition — Determination of heirs property — Applicability.
(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.
(b)(1) The petition shall contain:
(A) The description of the property;
(B) The names of each party having an interest in the property and the nature and amount of the interest; and
(C) A prayer for:
(i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and
(ii) Any other appropriate relief.
(2) All persons interested in the property who have not united in the petition shall be summoned to appear.
(c)(1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002.
(2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002:
(A) Apply to the partition of the property; and
(B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-1001. Short title.
This subchapter may be cited as the “Uniform Partition of Heirs Property Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-1001
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-60-1001. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-1002. Definitions.
In this subchapter:
(1)(A) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(B) “Ascendant” includes an adoptive parent and his or her ascendants.
(2) “Collateral” means an individual who is related to another individual under § 28-9-214 but who is not the other individual's ascendant or descendant.
(3)(A) “Descendant” means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals.
(B) “Descendant” includes an adopted child and his or her descendants.
(4) “Determination of value” means a court order determining the fair market value of heirs property under § 18-60-1006 or § 18-60-1010 or adopting the valuation of the property agreed to by all cotenants.
(5) “Heirs property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:
(A) there is no agreement in a record binding all the cotenants which governs the partition of the property;
(B) one or more of the cotenants acquired title from a relative, whether living or deceased; and
(C) any of the following applies:
(i) 20 percent or more of the interests are held by cotenants who are relatives;
(ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
(iii) 20 percent or more of the cotenants are relatives.
(6) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 18-60-1010.
(7)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-1002
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-60-1002. This identifies an authority to review, not proof of applicability.