Real estate partition statute should account for residents as well as owners

Realty Check

By Erica Minchella

Erica Crohn Minchella, is the head of the boutique real estate firm of Minchella & Associates, Ltd., handling residential and commercial real estate transactions and litigation such as foreclosure defense, quiet title, and partition actions. erica@ecminchellalaw.com

Posted June 30, 2022 11:21 AM

I have been involved in a number of partition actions over the years. Partition actions are heard in the Chancery Division, and in my experience, each Chancery judge addresses partition actions differently.In one of my cases, one of the heirs was trying to sell the matriarch’s home after the matriarch’s death, while simultaneously trying to assure that her mentally ill sister’s share went into a special needs trust. The judge allowed the sale of the property, gave the plaintiff (the heir) her interest, and also tried to …

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