Partition Action Complaint - New Jersey

NEW JERSEY PARTITION ACTION — COMPLAINT FOR PARTITION

PART 1 — VERIFIED COMPLAINT FOR PARTITION

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION — GENERAL EQUITY
[____________________] COUNTY
DOCKET NO.: [C-___________-____]

CIVIL ACTION
VERIFIED COMPLAINT FOR PARTITION PURSUANT TO N.J.S.A. 2A:56-1 ET SEQ. (AND, WHERE APPLICABLE, THE UNIFORM PARTITION OF HEIRS PROPERTY ACT, N.J.S.A. 2A:56-45 ET SEQ.)

Plaintiff [PLAINTIFF NAME], residing at [____________________________________], by way of Verified Complaint against the above-named Defendants, says:

I. PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual / [entity type] with a principal address at [____________________________________].

2. Defendant [DEFENDANT NAME] is, upon information and belief, an individual / [entity type] with a last known address at [____________________________________].

3. ☐ Additional Defendant [DEFENDANT NAME] is [____________________________________].

4. The "Unknown Defendants" are all persons whose names are unknown to Plaintiff and who may claim any right, title, lien, or interest in the Property, including their heirs, devisees, personal representatives, and successors in interest.

II. JURISDICTION AND VENUE

5. This Court has jurisdiction over this partition action pursuant to N.J.S.A. 2A:56-1 and R. 4:62, partition being a matter cognizable in the Chancery Division, General Equity.

6. Venue is proper in [____________________] County under R. 4:3-2 because the real property that is the subject of this action is located in this County.

III. THE PROPERTY

7. This action concerns the real property commonly known as:

Street Address: [____________________________________]
Municipality: [____________________], County: [____________________], New Jersey
Block: [__________] Lot: [__________] Qualifier: [__________]
Deed Reference: Deed Book [_______], Page [_______], recorded [__/__/____]

8. The legal description of the Property is:

☐ See Exhibit A (metes-and-bounds / lot-and-block legal description), attached and incorporated by reference.

IV. NATURE OF TITLE AND COTENANCY INTERESTS

9. The Property is held by the parties as:

☐ Tenants in common, pursuant to that certain [deed / judgment of probate / instrument] dated [__/__/____], recorded [__/__/____] in the [____________________] County Clerk's Office in Book [_______], Page [_______], Instrument No. [_______________].

☐ Joint tenants with right of survivorship.

☐ Other: [____________________________________].

10. The respective undivided interests of the cotenants in the Property are:

V. ENTITLEMENT TO PARTITION

11. Pursuant to N.J.S.A. 2A:56-1, any person holding real property as a joint tenant or tenant in common may maintain an action for partition.

12. Plaintiff and Defendants cannot agree upon the use, management, or disposition of the Property, and Plaintiff no longer wishes to hold the Property in cotenancy. There is no valid agreement or other impediment barring Plaintiff's right to partition.

VI. MANNER OF PARTITION — IN KIND OR BY SALE

13. ☐ Partition in kind. The Property can be physically divided among the cotenants according to their respective interests without prejudice to the owners, and Plaintiff requests partition in kind under N.J.S.A. 2A:56-2 with the appointment of commissioners under R. 4:62-1.

14. ☐ Partition by sale. The Property cannot be divided in kind without great prejudice to the owners because [single-family residence / indivisible parcel / improvements / character and location]: [____________________________________]. Plaintiff therefore requests that the Court order a sale of the Property and a division of the net proceeds according to the parties' respective interests pursuant to N.J.S.A. 2A:56-2 and 2A:56-3.

VII. ACCOUNTING AMONG COTENANTS

15. In connection with the partition, Plaintiff requests an accounting and equitable adjustment of the following items among the cotenants, to be charged or credited against each cotenant's share of the Property or sale proceeds:

a. ☐ Payments of real property taxes advanced by a cotenant: $[____________];
b. ☐ Mortgage principal, interest, and escrow payments advanced by a cotenant: $[____________];
c. ☐ Insurance premiums advanced by a cotenant: $[____________];
d. ☐ Reasonable and necessary repairs, maintenance, and improvements that enhanced the value of the Property: $[____________];
e. ☐ Rents, profits, or reasonable rental value collected or owed by a cotenant in sole or exclusive possession (including offsets for ouster of a cotenant): $[____________];
f. ☐ Owelty (equalizing payment) necessary to make an in-kind partition just and proportionate to the parties' interests: $[____________];
g. ☐ Other: [____________________________________].

16. Plaintiff requests that the Court determine these contributions and offsets and adjust the parties' shares accordingly.

VIII. APPOINTMENT OF COMMISSIONERS

17. Plaintiff requests that, upon ordering partition, the Court appoint commissioners pursuant to N.J.S.A. 2A:56-1 et seq. and R. 4:62-1 to make the partition or to conduct the sale and report to the Court. Each commissioner shall be disinterested and impartial.

COUNT I — PARTITION UNDER N.J.S.A. 2A:56-1 ET SEQ.

18. Plaintiff incorporates paragraphs 1 through 17 by reference.

19. Plaintiff is entitled to partition of the Property — in kind if practicable, otherwise by sale — together with an accounting, appointment of commissioners, and division of the Property or net proceeds according to the parties' respective interests, pursuant to N.J.S.A. 2A:56-1 et seq. and R. 4:62.

COUNT II — UNIFORM PARTITION OF HEIRS PROPERTY ACT (N.J.S.A. 2A:56-45 ET SEQ.)

20. Plaintiff incorporates paragraphs 1 through 19 by reference.

21. The Property is "heirs property" within the meaning of N.J.S.A. 2A:56-46 because: (a) there is no agreement in a record binding all cotenants which governs the partition of the Property; (b) one or more cotenants acquired title from a relative, [NAME], [living/deceased]; and (c) [20% or more of the interests are held by cotenants who are relatives / 20% or more of the cotenants are relatives].

22. Accordingly, pursuant to N.J.S.A. 2A:56-47, the Court shall determine that the Property is heirs property, shall appoint a special master (and may, when appropriate, appoint a commissioner or commissioners), and shall partition the Property under the Act unless all cotenants otherwise agree in writing. The Act supplements and, where inconsistent, preempts N.J.S.A. 2A:56-1 et seq.

23. Plaintiff requests that the Court: (a) direct a determination of the Property's fair market value by a disinterested licensed appraiser under N.J.S.A. 2A:56-50; (b) afford the non-petitioning cotenants the cotenant buyout option under N.J.S.A. 2A:56-51; (c) if no buyout is completed, order partition in kind unless great prejudice to the cotenants as a group is shown after considering the factors in N.J.S.A. 2A:56-52 and 2A:56-53; and (d) if a sale is ordered, conduct an open-market sale (or, where more economically advantageous, a sale by sealed bids or auction) under N.J.S.A. 2A:56-54, with a broker's report under N.J.S.A. 2A:56-55.

IX. RELIEF REQUESTED

WHEREFORE, Plaintiff demands judgment against Defendants:

A. Determining and adjudging the respective interests of all parties in the Property;

B. Ordering partition of the Property in kind among the cotenants according to their respective interests if partition can be made without great prejudice to the owners;

C. If partition in kind cannot be made without great prejudice (or where the Uniform Partition of Heirs Property Act applies and a sale is appropriate), ordering a sale of the Property and a division of the net proceeds according to the parties' respective interests;

D. Appointing a special master and/or commissioners to make the partition or conduct the sale and report to the Court pursuant to N.J.S.A. 2A:56-1 et seq., the UPHPA, and R. 4:62;

E. Ordering an accounting among the cotenants for taxes, mortgage payments, insurance, improvements, rents and reasonable rental value (including ouster offsets), and owelty, and charging or crediting each cotenant's share accordingly;

F. Where the Property is heirs property, determining value, affording the cotenant buyout, and applying the partition-in-kind factors and open-market sale procedures of N.J.S.A. 2A:56-50 to -55;

G. Awarding Plaintiff costs of suit and such fees as the Court deems equitable; and

H. Granting such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

[ATTORNEY NAME], Esq.
NJ Attorney ID No.: [__________]
[FIRM NAME]
[Address]
[Phone] | [Email]
Attorneys for Plaintiff

PART 2 — DESIGNATION OF TRIAL COUNSEL (R. 4:25-4)

Pursuant to R. 4:25-4, [ATTORNEY NAME], Esq. is hereby designated as trial counsel for Plaintiff.

PART 3 — VERIFICATION / CERTIFICATION

STATE OF NEW JERSEY
COUNTY OF [____________________]

I, [PLAINTIFF NAME], of full age, being duly sworn according to law, upon my oath depose and say:

1. I am the Plaintiff in the above-captioned matter.
2. I have read the foregoing Verified Complaint for Partition and the statements contained therein are true to the best of my knowledge, information, and belief.
3. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

[____________________________________]
[PLAINTIFF NAME]

Sworn and subscribed before me
this [__] day of [__________], 20[__].

[____________________________________]
Notary Public / Attorney at Law of NJ
My Commission Expires: [__/__/____]

PART 4 — CERTIFICATION PURSUANT TO R. 4:5-1

I hereby certify that:

1. The matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding, nor is any such action or arbitration contemplated.

☐ OR the following related action is pending: [____________________________________].

2. I know of no other party who should be joined in this action other than those named herein.

☐ OR the following other parties should be joined: [____________________________________].

3. I certify that confidential personal identifiers have been redacted from documents now submitted to the Court and will be redacted from all documents submitted in the future in accordance with R. 1:38-7(b).

Dated: [__/__/____]

[____________________________________]
[ATTORNEY NAME], Esq.

PART 5 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Verified Complaint for Partition was served upon the following parties by the method indicated:

[____________________________________]
[ATTORNEY NAME], Esq.

PART 6 — EXHIBIT INDEX

SOURCES AND REFERENCES

• N.J.S.A. 2A:56-1 et seq. — Partition of Real Property: https://law.justia.com/codes/new-jersey/title-2a/
• N.J. Court Rule 4:62 (Partition): https://www.njcourts.gov/attorneys/rules-of-court
• N.J.S.A. 2A:56-45 et seq. — Uniform Partition of Heirs Property Act (P.L. 2025, c.88 / S1400): https://pub.njleg.gov/Bills/2024/PL25/88_.HTM
• Uniform Law Commission — Partition of Heirs Property Act: https://www.uniformlaws.org/committees/community-home?CommunityKey=50724584-e808-4255-bc5d-8ea4e588371d

END OF NEW JERSEY PARTITION ACTION TEMPLATE