Title 12, Title 12: Court Procedure

§ 5170. When defendant prevails in whole or in part When, on trial, it is determined that the plaintiff has no right or share in the estate claimed, or that he or she holds a smaller share than alleged in his or her complaint, the adverse party shall recover against him or her re…

§ 5171. Notice by commissioners; oath; partition The commissioners shall give notice to each party interested or to his or her agent or attorney of the time when they will make such partition. Such commissioners shall be sworn and shall make partition of the estate by dividing an…

§ 5172. Report; judgment Having made partition, the commissioners shall make return to the court of their doings, with a description of each portion of the estate set off, and a certificate of their having been sworn. Unless cause is shown, such report shall be accepted by the co…

§ 5173. Recording of report and judgment; effect A certified copy of the report of the commissioners, with the judgment of the court accepting the same thereon, shall be recorded in the office where by law a deed of such estate is required to be recorded, and, when so recorded, s…

§ 5174. Assignment or sale of estate—assignment to party When it appears that the real estate, or a portion thereof, cannot be divided without great inconvenience to the parties interested, the court may order it assigned to one of the parties, provided he or she pays to the othe…

§ 5175. Sale, when ordered In case one of the parties interested will not take such assignment and pay such sum, the court shall order the commissioners to sell such estate at public or private sale.

§ 5176. Sale and conveyance The commissioners shall sell the estate agreeably to the order and execute conveyances to the purchaser thereof, which shall be a complete bar against the owners and persons claiming under them. (Amended 1971, No. 185 (Adj. Sess.), § 152, eff. March 29…

§ 5177. Disposal of proceeds The commissioners shall pay the proceeds of the sale to the several parties interested or their representatives, as the court directs, first deducting such sum as is allowed by the court for the plaintiff’s costs, which shall be paid the plaintiff. (A…

§ 5178. New partition—when ordered When an owner of a share in the estate who is not an inhabitant of the State at the commencement of the action and has not been given personal notice of the action and thinks himself or herself aggrieved by the partition, he or she may within th…

§ 5179. How made When a new partition is ordered, more shall not be taken from any share or right than as such share or right is adjudged more than the proportion for which it was set off, estimating such estate as in the situation and at the time when it was first divided.

§ 5180. Pay for improvements When improvements have been made after the first partition on the share which it set off by such new partition, the party who made such improvements shall have reasonable satisfaction from the owner to whose share the same is added, to be estimated by…

§ 5181. Fees of commissioners—how fixed and paid When partition is made of real estate under this chapter, the commissioners shall be allowed such sum for their services and expenses as the court judges reasonable, which shall be paid by the parties as directed by the court. The …

§ 5182. Party’s share sold if he or she does not pay When any such owner does not pay his or her proportion of such costs, the court shall direct so much of his or her share of the estate to be sold at public auction as is sufficient to pay the same, with costs of sale.

§ 5183. Conveyance on sale On such sale, the commissioners shall execute conveyances to the purchaser, who shall hold such estate by virtue thereof against such owner or persons claiming under him or her.

§ 5184. Purchase by or for commissioners prohibited A commissioner, or other person in trust for him or her, shall not become a purchaser at a sale under this chapter.

§ 5185. Conveyance before service of complaint A partition of real estate made under this chapter shall not be avoided in consequence of a conveyance by an owner of a part of the estate of his or her interest therein executed prior to the service of the summons and complaint, unl…

§ 5186. Shares set off shall inure to use of owner In making such partition, if a share or right in the estate is set off or assigned to a person other than the legal owner, such share shall inure to the use and benefit of the legal owner, his or her heirs and assigns, as though …

§ 5187. Commissioner disqualified, others may act When a commissioner appointed under this chapter dies, becomes unable to perform his or her duties due to a mental condition or psychiatric disability, removes from the State, or becomes otherwise disqualified to act, the survivor…

§ 5188. Death or nonjoinder of part owner An action for the partition of real estate shall not be dismissed or proceedings thereon suspended in consequence of the death of an owner or person interested in the estate, or because all the parties interested in the estate are not nam…