A court in NJ is allowed in an action for the partition of real estate to “direct the sale of the real estate if it appears that a division of the property cannot be made without great prejudice to the owners, or persons interested therein.” N.J.S.A. §2A:56-2. It has also been held that a party/parties who hold a life estate in property cannot compel a partition of the property nor can a partition be ordered if the sole interest of a plaintiff in partition is to receive a portion of the sales proceeds instead of an ownership interest (i.e., a tenancy in common). If a party’s interest is merely an occupant for life with no equitable ownership or legal interest besides reviewing sale proceeds, he or she has no standing to compel a partition.
To discuss your NJ estate planning and/or real estate matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate Planning Attorney