Disclaimer

This article explains general New Jersey law about who to list as petitioners in a partition lawsuit. This is educational information only and is not legal advice. Consult a licensed New Jersey attorney before filing court papers.

Detailed answer: who to list as petitioners in a New Jersey partition action

A partition lawsuit asks a court to divide or sell real property so the owners’ interests can be distributed. The “petitioner” (sometimes called the plaintiff) is the party who starts the case. Who you list as petitioner depends on who is asking the court to act and how ownership interests are held.

Basic rules you should follow:

• Owners who ask the court to divide the property should be petitioners. If two or more co-owners agree that the property should be partitioned and they jointly start the action, list all of those agreeing co-owners as petitioners. If only one co-owner wants partition and files alone, that single co-owner is the petitioner.
• Include the legal owners even if they do not join you voluntarily. If you file alone, name the other co-owners as defendants so the court can determine interests and order a partition or sale. You do not make a co-owner a petitioner simply by naming them; petitioners are those who initiate the case.
• Identify each owner by how title is held. State whether each person holds as joint tenant, tenant in common, life tenant, trustee, or other capacity. The nature of the ownership interest affects how share calculations and distribution work.
• List any known lienholders, mortgagees, judgment creditors, or parties with recorded interests as defendants (not petitioners). Persons or entities that hold mortgages, liens, or other recorded encumbrances should be joined so the court can protect their rights and decide priority or claim against sale proceeds.
• Use placeholder names for unknown or unlocatable owners. If records show possible owners you cannot identify or locate, many New Jersey filings use descriptive placeholder names (for example, “John Doe” or “Unknown Heirs of X”). The court may permit service by publication for unknown parties. Make good-faith efforts to identify and serve people before using placeholders.

Common practice in New Jersey:

• If two co-owners jointly want partition, both sign and file the complaint; both are petitioners.
• If one co-owner seeks partition against holdout co-owners, that single owner files the complaint and is the petitioner; the other co-owners are defendants.
• Trustees or fiduciaries who have authority to act for the trust or estate should be petitioners when they have the power and choose to seek partition on behalf of the trust or estate. Include their representative capacity in the caption (for example, “Jane Smith, as Trustee”).

Statutory and procedural context (where to look):

• New Jersey’s statutes and court rules govern how a partition action is started and who must be joined. See the New Jersey Legislature site for statutory text and searches: https://www.njleg.state.nj.us/. Search the statutes for “partition” or related sections (e.g., N.J.S.A. provisions dealing with partition actions).
• The Superior Court of New Jersey (Chancery Division, General Equity or the county civil part in some matters) handles partition cases. See the New Jersey Courts site for court rules and practice information: https://www.njcourts.gov/.

Practical consequences of who is listed as petitioner:

• Petitioners control the initial pleading, the requested relief, and often the early settlement talks. Co-petitioners will be jointly responsible for filing fees and subject to court orders the same as co-plaintiffs.
• If someone who should have been made a petitioner is left out and instead treated as a defendant, that can affect strategy but will not necessarily void the action — the court’s role is to determine interests and provide complete relief to all affected parties.

How to decide, step-by-step

1. Review the deed(s) and county records to list all owners and recorded claimants.
2. Confirm how each person holds title (tenant in common, joint tenants, trustee, etc.).
3. Decide who actually wants the court to divide or sell the property. Those people should be petitioners.
4. List all other owners and all known encumbrancers as defendants so the court can resolve all claims affecting the property.
5. If you cannot locate an owner, use a named placeholder and follow the court’s rules for service by publication or alternative service.

Possible outcomes and how petitioner status matters

The court may order a partition in kind (physical division) or a partition by sale. If the property cannot be fairly divided, the court will typically order a sale and distribute the net proceeds according to each person’s legal share after paying liens, costs, and taxes. Petitioners and defendants both receive the benefits or burdens of the judgment according to their determined interests.

Helpful Hints

• Gather deeds, mortgages, tax bills, and title searches before you file. Accurate ownership data reduces mistakes in the caption.
• Try to get all co-owners to join as petitioners if you can agree — joint petitions simplify process and fees.
• If you represent a trust or estate, attach documentation proving your authority (trust instrument excerpt, letters testamentary, or similar) and list yourself in the petition in your representative capacity.
• Name and serve lienholders and mortgagees — failing to join them can leave liens unresolved at sale.
• If you don’t know an owner’s identity or location, document your search efforts before asking the court to allow service by publication using a placeholder name.
• Consider a mediated settlement before filing. Mediation can avoid litigation costs and produce a voluntary partition agreement.
• Expect litigation costs: filing fees, service costs, appraiser fees, legal fees, and possibly a court-appointed referee or master to handle sale or division.
• Talk to a New Jersey real property attorney early. Even if you handle filing, an attorney can check captions, service, and statutory requirements to reduce the risk of dismissal or delay.