Detailed Answer
Under New Jersey law, any co-owner of real property may request a court to divide or sell jointly held land when relatives cannot agree on its use or disposition. Partition actions fall under the New Jersey Partition Act (N.J.S.A. 2A:63-1 et seq.). Below are the typical steps to file a partition petition:
- Confirm Ownership and Interests. Review the current deed and any wills or trusts to verify all co-owners and their percentage interests in the property.
- Attempt Informal Resolution. Meet with your relatives to discuss whether a voluntary sale or buyout is possible. Document any offers or refusals in writing.
- Decide on Relief Requested. Under N.J.S.A. 2A:63-1 you can ask the court for a physical division (partition in kind) or an order to sell the property and divide proceeds equally.
- Prepare the Complaint. Draft a Complaint for Partition naming all co-owners as defendants. Describe the property, list each owner’s interest, and state why partition is necessary. Cite N.J.S.A. 2A:63-1 (Partition Act).
- File in Superior Court. Submit the complaint in the Chancery Division, General Equity Section of the county where the land is located. Pay the filing fee and obtain a case number.
- Serve the Complaint. Arrange service of the summons and complaint on every co-owner. Service must comply with New Jersey Court Rules (R. 4:4). Provide proof of service to the court.
- Appointment of a Commissioner or Surveyor. The court typically appoints a neutral expert (commissioner) to survey the property and propose how to divide it. The commissioner files a report with plat, schedule of costs, and recommendations.
- Review of Commissioner’s Report. All parties have an opportunity to object or request modifications. The court holds a brief hearing to decide on any disputes about the report.
- Final Judgment of Partition. Once approved, the court issues a judgment ordering either conveyance of divided parcels to each co-owner or a public or private sale, with proceeds distributed according to ownership shares.
- Implementation. If physical division is ordered, deeds are prepared and recorded. If sale is ordered, the property is marketed, sold, and net proceeds are disbursed to co-owners.
Throughout the process, consider hiring a real estate attorney to ensure procedural compliance and to advocate your interests at hearings.
Helpful Hints
- Keep copies of deeds, wills, and communications with co-owners.
- Early mediation can save time and legal fees.
- Obtain a current property survey to inform valuations.
- File a title report to uncover any liens or mortgages.
- Be aware of court deadlines for service, objections, and filings.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.