Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:56-13. Receipts and discharges; record by surrogate; evidence When a commissioner or commissioners shall make sale of real estate pursuant to this chapter and distribute the net proceeds to the persons thereto entitled by law, the commissioner or commissioners may produce the …

2A:56-14. Fees and costs In proceedings pursuant to this chapter clerks and surrogates shall receive for their services in filing, recording and making copies of the various papers therein the fees allowed for similar services by the title Fees and Costs, of the Revised Statutes.…

2A:56-15. Lienor not necessary party; effect of partition on lienor A person having a lien, by judgment, decree, mortgage or otherwise, on real estate, or any part thereof, whereof partition is sought in such an action in the superior court, shall not, in the first instance, be a…

2A:56-16. Effect of partition on lienor on undivided interest Where a lien mentioned in section 2A:56-15 of this title is on the undivided interest or estate of a party, the lien, if partition of the real estate is made, shall thereafter be a charge only on the share assigned to …

2A:56-17. Lienors may be made parties The plaintiff in such an action in partition may, at his election, make parties thereto every person having a lien, by mortgage, judgment, decree, devise or otherwise, on the undivided interest or estate of any of the parties. L.1951 (1st SS)…

2A:56-18. Lienors on undivided interests made parties when sale ordered Where lienors have not been made parties, the court may, before ordering sale of the premises, on motion of any party, admit as a party a person having a lien, by mortgage, judgment, decree, or otherwise, on …

2A:56-19. Proceeds of sale of share subject to liens paid into court If it appears by proceedings in such action or if the court shall determine, that there are any existing liens or encumbrances on the estate, share or interest of any party named in the proceedings, the court sh…

2A:56-2. Partition through sale The superior court may, in an action for the partition of real estate, direct the sale thereof if it appears that a partition thereof cannot be made without great prejudice to the owners, or persons interested therein. L.1951 (1st SS), c.344.

2A:56-20. Proceedings to obtain moneys deposited pursuant to section 2A:56-19 When money is deposited in the court pursuant to section 2A:56-19 of this title, the court may in a summary action brought by a party in interest, either owner or encumbrancer, direct payment to him of …

2A:56-21. Discharge of encumbrances The clerk or other officer of the court by whom an encumbrance is paid off shall procure satisfaction thereof to be acknowledged in the form required by law, and cause the encumbrance to be duly satisfied or canceled of record, and shall defray…

2A:56-22. Parties having unencumbered shares not affected by proceedings The proceedings to ascertain and settle the amount of encumbrances as herein provided shall not affect any other party in the action for partition nor delay the paying over or investing of moneys to or for t…

2A:56-23. Payment of judgments out of proceeds of sale; order When sale of real estate is ordered pursuant to partition proceedings, and a creditor has, at any time prior to the distribution of the proceeds of sale, obtained a judgment against a distributee thereof or his legal r…

2A:56-24. Sale free of unpaid debts of ancestor; disposition of proceeds The court ordering a sale of real estate pursuant to partition proceedings may, if it appears that the personal estate of the ancestor from whom such real estate descended is insufficient to pay his just deb…

2A:56-25. Sale free from dower or curtesy; order of court; deed to purchaser When real estate is ordered sold in partition proceedings and a person is entitled to a right or estate of dower or curtesy in the premises, or any part or share thereof, the court may, at the time of ma…

2A:56-26. Compensation to dower or curtesy holder by lump sum or investment When a right or estate of dower or curtesy is sold pursuant to section 2A:56-25 of this title, the court shall direct the payment of a gross sum out of the proceeds of the sale of the real estate to the p…

2A:56-27. Real estate subject to inchoate dower or curtesy; sale; compensation In an action for partition of real estate, if a sale is ordered, all inchoate rights of dower or curtesy in the real estate may be sold by order of the court and when so sold such rights shall be forev…

2A:56-28. Death of commissioner after sale; deeds by survivors When any of the commissioners die after making a sale pursuant to this chapter, whether before or after the confirmation thereof, the surviving commissioner or commissioners, if any, may make report of the sale and, i…

2A:56-29. Death of commissioner after sale but before deed executed; appointment of administrator to execute and deliver deed If, after a sale of real estate by a commissioner or commissioners pursuant to an order of any court, such commissioner or all such commissioners shall di…

2A:56-3. Division of part of real estate and sale of residue In any action for partition in the superior court, part of the real estate included in the application may be divided and the remainder sold when it appears by the report of the commissioner or commissioners, which shal…

2A:56-30. Death of purchaser; deed to successors in interest When a purchaser of real estate at a sale thereof by a commissioner or commissioners dies (a) after the sale has been made and the conditions thereof subscribed and agreed to but before it has been confirmed by the cour…

2A:56-31. Effect of deed made pursuant to section 2A:56-30 A deed made pursuant to section 2A:56-30 of this title when delivered as provided in said section shall have the same force and effect with respect to title as if the purchaser had received a duly executed deed in his lif…

2A:56-32. Existing rights, liens or encumbrances not affected by deed made pursuant to section 2A:56-30 No deed authorized to be made by section 2A:56-30 of this title shall be to the prejudice of any rights in, privileges to, liens or encumbrances upon or affecting such real est…

2A:56-33. Absentee cotenant; right of cotenants to partition When real estate is held by cotenants, any of whom shall be presumed to be dead under authority of chapter 40 of Title 3A, Administration of Estates--Decedents and Others (s. 3A:40-1 et seq.), and it is not known whethe…

2A:56-34. Order; deed The superior court may, in an action pursuant to section 2A:56-33 of this title, make such order or enter such judgment against the owner presumed to be dead and his known heirs and devisees, and also against his unknown heirs, devisees, and personal represe…

2A:56-35. Disposition of proceeds where person is unknown or absent; refunding bond When real estate is sold by virtue of any proceedings in partition in this state, and the residence of a person interested for life or otherwise in the proceeds thereof is not known, or it is not …

2A:56-36. Action on refunding bond; disposition of proceeds The custody of the refunding bonds mentioned in section 2A:56-35 of this title shall be in the control of the court. The court may, on application of a person who makes it appear to the satisfaction of the court that he …

2A:56-37. Partition of real estate limited over The court may order partition through actual division, or, pursuant to section 2A:56-2 of this title, through sale of real estate, in any case where the share of a cotenant therein may be for a less estate than a fee, or may be limi…

2A:56-38. Sale of share without recourse to sale of tract When it appears, by satisfactory proof in a proceeding for partition, that the interest of the owner of a share is such that his share, if actually set apart, might be sold under proceedings for the sale of real estate lim…

2A:56-39. Partition or sale of remainders and reversions; consent of particular tenant required Where there is an estate for life or lives, or other less estate, in real estate situate in this state, and the reversion or remainder in fee is owned by several persons as cotenants, …

2A:56-4. Set-off of undivided shares without partition between shareholders to be held in common Where 2 or more parties to an action for the partition of real estate make it appear to the court that they desire to enjoy their respective shares of the whole or any part of such re…

2A:56-40. Deed to purchaser The deed to the purchaser, given pursuant to a sale made under authority of section 2A:56-37, section 2A:56-38 or section 2A:56-39 of this title, shall convey the title to the real estate of all the tenants, whether in possession, remainder, reversion …

2A:56-41. Proceeds of sale; payment or investment; how invested; income When a sale is made pursuant to section 2A:56-37 or 2A:56-38 of this title, the net proceeds of a share limited over or not held in fee simple shall, under the order and direction of the superior court be pai…

2A:56-42. Payments on principal of mortgage; disposition; discharge When the principal sum, or a part thereof, secured as provided in section 2A:56-41 of this title, is collected, it shall be paid into the superior court, by payment to the clerk thereof, there to remain until pai…

2A:56-43. Final disposition of proceeds At such time as the share of real estate so sold would have become vested in fee simple absolute and the particular estate or estates therein would be determined, as aforesaid, if no such sale thereof had been made, the principal sum or mor…

2A:56-44. Disposition of proceeds of sale of real estate held in trust When sale of real estate limited over is ordered in any partition proceedings in the superior court, and an executor, trustee or administrator with the will annexed, appointed by will or by order of any court,…

2A:56-45 Short title. 1. This act shall be known and may be cited as the "Uniform Partition of Heirs Property Act." L.2025, c.88, s.1.

2A:56-46 Definitions. 2. As used in this act: "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. "Collateral" means an individual who is related to another individual under the law of intestate succe…

2A:56-47 Court determination of heirs property, partition of real property. 3. a. In an action to partition real property under N.J.S.2A:56-1 et seq., the court shall determine whether the property is heirs property. In making this determination, the court shall rely on informati…

2A:56-48 Plaintiff seeking order of notice by publication, heirs property, conspicuous notice. 4. If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the court shall order the plaintiff t…

2A:56-49 Commissioners appointed, impartiality, partition action. 5. If the court appoints a commissioner or commissioners pursuant to N.J.S.2A:56-1 et seq. and the Rules of Court, each commissioner shall be disinterested, impartial, and not a party to or a participant in the par…

2A:56-5. Set-off of undivided shares without partition between minor and others consenting to be held in common Where any party to an action for the partition of real estate is under the age of 21 years, the court may, if it shall appear to be for the benefit of such minor, direc…

2A:56-50 Heirs property in partition action, fair market value determination. 6. a. (1) Except as otherwise provided in subsection b. of this section, if the court determines that the property involved in a partition action is heirs property, the special master shall direct a det…

2A:56-51 Partition by sale, written notice sent to parties, special master. 7. a. If any cotenant requests partition by sale, after the determination of value under section 6 of this act, the party filing the partition action shall send written notice to the parties and the speci…

2A:56-52 Partition in kind recommended, certain circumstances, special master report. 8. a. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 7 of this act, or if after conclusion of the buyout period u…

2A:56-53 Factors in determining great prejudice, cotenants, partition in kind, 9. a. In determining under subsection a. of section 8 of this act whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whet…

2A:56-54 Sale of heirs property, circumstances, methods. 10. a. If the court orders a sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of …