A Holder of a Life Estate Cannot Force a Partition of Real Estate

HNWEstate Planning, Real Estate, Landlord/Tenant, and Zoning

partition of real estateA 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


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