The NJSBA Annual Meeting and Convention features many programs discussing up-to-the-minute changes in law on a variety of issues. Featured this year at Inside Trenton is a panel of legislators to discuss their priorities. In addition to Inside Trenton, legislators will talk about pathways to the bench, environmental legislation and criminal reform. Here’s a look at legislators who will be at the convention, which will be held May 14-16 at the Borgata, Casino & Spa in Atlantic City:
-Sen. Jon M. Bramnick
-Sen. Raymond J. Lesniak
-Sen. Anthony M. Bucco
-Sen. Joseph A. Lagana
-Sen. Holly T. Schepisi
-Sen. Michael L. Testa
-Sen. John F. McKeon
-Assemblywoman Luanne M. Peterpaul
-Assemblywoman Claire S. Swift
For a full list of programs, click here. Registration is still available at njsba.com.
Uniform Partition of Heirs Act Gets Assembly Judiciary Committee Nod
A bill that would provide an alternative process for handling partition actions filed in court concerning a property with multiple owners, at least one of whom acquired title from a relative, was voted out of the Assembly Judiciary Committee. The Uniform Partition of Heirs Property Act – S1400 (Singleton)/A5448 (Park) – was initially opposed by the Association as unnecessary, citing to a New Jersey Law Revision Commission report that did not recommend adoption of the Act because of existing New Jersey law that already protects tenant-in-common property owners – including family members who share ownership of family-owned property – from the forced partition sale of their real property. The Association is neutral on the bill given amendments that clarify the process. Sponsors of the bill tout it as a way to preserve family wealth by establishing new requirements in partition actions. “For many families, especially in historically marginalized communities, real estate is their most valuable asset,” said Sen. Troy Singleton. “But right now, unfair legal loopholes allow outside investors to force the sale of inherited property – often at below market prices – stripping families of their wealth and legacy.”
Current law requires partition actions to be filed in Superior Court, which would result in a partition in kind by a physical division of the property proportionate to the individual owner’s interests or partition by sale, for which individual owners are then compensated out of the total purchase price proportionate to their interests. The bill proposes to preempt some parts of the existing partition law to create new requirements for the process “intended to more greatly protect the interest of cotenant property owners” including appointing a special adjudicator to generally oversee the process.
The bill faces a vote in the full Assembly. It has already passed the Senate.