As used in this section and sections 52-503h to 52-503r, inclusive:
- (1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;
- (2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;
- (3) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual;
- (4) “Determination of value” means a court order (A) determining the fair market value of heirs' property under section 52-503k or 52-503o, or (B) 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 date of filing 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 apply:
- (i) Twenty per cent or more of the interests are held by cotenants who are relatives;
- (ii) Twenty per cent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
- (iii) Twenty per cent 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 section 52-503o;
- (7) “Partition in kind” means the division of heirs' property into physically distinct and separately titled parcels;
- (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
- (9) “Relative” means an ascendant, descendant or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this state other than the provisions of sections 52-503f to 52-503r, inclusive.
(P.A. 15-234, S. 2.)