2A:56-27 - Real estate subject to inchoate dower or curtesy;  sale; compensation

2A:56-27.  Real estate subject to inchoate dower or curtesy;  sale; compensation
    In an action for partition of real estate, if a sale is ordered, all inchoate rights of dower or curtesy in the real estate may be sold by order of the court and when so sold such rights shall be forever barred.

    If the person entitled to the right of dower or curtesy signifies her or his  consent thereto in writing, acknowledged as deeds of real estate are required  to be acknowledged, the proceeds of the sale of any share subject to such right  shall be paid over as though no such right existed.  If the tenant in fee and  his wife or her husband, as the case may be, entitled to the inchoate rights,  shall execute a full release and discharge duly acknowledged, the court may  direct payment to them of the portion of the proceeds that would otherwise be  invested in the manner hereinafter provided. However, where the share or  interest of the tenant in fee has been sold by judgment or otherwise or become  subject to a valid lien a payment shall not be so made unless all such parties  in interest join in the release and discharge.

    If no such consent is executed, the court shall direct that one-half of the  net proceeds of the sale of each share subject to such right, or such other  proportion in accordance with the law existing at the time the right of dower  or curtesy became vested, be invested and the income thereof be paid during the  lifetime of the tenant in fee of each such share, to such tenant or to any  persons having liens thereon, and upon the death of the tenant in fee, to the  person entitled to dower or curtesy therein during her or his lifetime.  Upon  the death of the dower or curtesy holder such court shall direct that the  principal of the fund be paid to the heirs at law of the tenant in fee or to  the parties holding liens upon such share or shares at the time of the sale  thereof and remaining unsatisfied at the death of the dower or curtesy holder,  or to such other persons, as equity may require.
 
L.1951 (1st SS), c.344.