Detailed Answer
Under New Jersey law, a partition action lets two or more co-owners divide or sell property when they cannot agree on its use or disposition. Courts prefer a physical division (partition in kind) when it will yield parcels of roughly equal value. If physical division proves impractical, the court orders a sale and splits the proceeds.
Who May Initiate a Partition
Any co-owner of real estate held as tenants in common or joint tenants may file a complaint. See N.J.S.A. 2A:65-1.
Filing the Complaint
The plaintiff files a verified complaint in the county where the property lies. The complaint must name all known co-owners and describe the property clearly. The court then issues a summons, which a sheriff or process server must personally serve on each defendant.
Early Case Conference
After service, the court often schedules a case management or early settlement conference. Judges encourage co-owners to explore mediation or negotiation before proceeding to trial.
Appointment of a Master or Commissioner
If the parties remain at an impasse, the court appoints a special master or commissioner. This neutral professional surveys the land, evaluates improvements, and recommends whether to divide the property physically or sell it.
Physical Partition vs. Sale
- Partition in Kind: The court instructs the master to divide the land into distinct parcels. Each co-owner receives a parcel whose fair market value aligns with their ownership share.
- Partition by Sale: If division would substantially reduce value or is logistically impossible (e.g., a single-family townhouse), the court orders a public auction or private sale. The net proceeds go to co-owners in proportion to their interests.
Costs, Fees, and Adjustments
Court costs, masters’ fees, appraisal expenses, and advertising charges come out of sale proceeds or are apportioned among co-owners. If one party benefits disproportionately from improvements, the court may adjust distributions under N.J.S.A. 2A:65-5.
Final Judgment
Once the master files a report, parties may object within a set time. If no valid objections arise, the court enters a final judgment, implementing the division or sale. Title transfers and fund distributions follow.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Gather all ownership documents, such as deeds or wills, before filing.
- Request an early settlement conference to explore mediation.
- Obtain a professional appraisal to determine accurate property values.
- Consider the cost and timeframe of partition versus voluntary sale.
- Keep communication records with co-owners, including emails and letters.
- Consult a real estate attorney to review your rights and obligations.