3A:36-3. Where admeasurement cannot be had without prejudice; sale as in partition
97 words·~1 min read·
/nj/title-3a/chapter-36/3a-36-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When the Superior Court determines that the real estate, or part thereof, is so circumstanced that dower or curtesy cannot be assigned, admeasured and set off without prejudice to the owners, it may direct a sale thereof as in an action for partition where actual partition cannot be had without prejudice to owners, or in its discretion it may direct an assignment of the dower or curtesy from the rents and profits of the real estate. The court may order the real estate sold free from dower or curtesy, making compensation for the value thereof.
Amended 1991,c.91,s.150.