Detailed Answer
Overview of Partition Actions in New Jersey
In New Jersey, a partition action lets co-owners divide or sell real property when they cannot agree. These actions fall under N.J.S.A. 2A:42-1 et seq. (N.J.S.A. 2A:42-1) and proceed as summary matters in Chancery Division under Rule 4:67 of the New Jersey Court Rules (R. 4:67).
Step 1: Confirm Service and Expiration of the Response Period
After filing the complaint, you must serve all named defendants. Under Rule 4:4-4, defendants typically have 35 days to answer. Before scheduling a hearing, confirm no timely answers remain.
Step 2a: If No Answer – Seek Default
- File a Request for Entry of Default under Rule 4:43, supported by proof of service.
- Wait for the clerk to enter default in the docket.
Step 2b: If an Answer Is Filed – Case Management Conference
- Within 45 days of the last answer or appearance, file a Civil Case Information Statement (CCIS) under Rule 4:5A.
- Request a Case Management Conference under Rule 4:5. The court will set deadlines for discovery, motion practice, and trial or hearing dates.
Step 3: Request a Hearing Date
Whether post-default or in a contested action, submit a formal scheduling request. In a default matter, prepare a Notice of Application for Hearing on Default Entry or Default Judgment and propose hearing dates. In a contested matter, the court will set hearing dates at or after the Case Management Conference.
Step 4: Serve Notice of Hearing
Serve all parties with the Hearing Notice and supporting papers. New Jersey local rules typically require at least 7 days’ notice before the hearing. Check your vicinage’s civil practice directions for exact timing.
Step 5: Prepare for the Hearing
- Gather deeds, title reports, surveys, and valuation appraisals.
- Draft a Partition Plan (sale vs. physical division) with legal descriptions.
- Prepare witness lists or certifications for valuation and scheduling logistics.
- Submit any pre-hearing briefs or exhibits as directed by the court.
Helpful Hints
- Always check your vicinage’s published civil practice schedule and calendar deadlines.
- Early in the case, discuss mediation or settlement to avoid lengthy hearings.
- Confirm that all owners and lienholders are named and served to avoid later challenges.
- File any necessary motions (e.g., to strike, for joinder) well before the hearing date.
- Maintain a clear, tabbed hearing binder for the judge and opposing counsel.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.