2A:56-39 - Partition or sale of remainders and reversions; consent of particular tenant required - New Jersey Statutes

2A:56-39.  Partition or sale of remainders and reversions;  consent of particular tenant required
    Where there is an estate for life or lives, or other less estate, in real estate situate in this state, and the reversion or remainder in fee is owned by  several persons as cotenants, the court may, upon consent of the particular  tenant or tenants thereto, partition the real estate among the several  cotenants, and the particular tenant or tenants shall thereafter have the same  estate or estates in the respective parts set off in severalty as he or they  had in the whole real estate before it was partitioned.

    If partition of the real estate, or any part thereof, cannot be made without  great prejudice to the cotenants and a sale thereof is ordered instead, the  whole estate, in possession as well as in expectancy, in the real estate or  part thereof that cannot be divided, shall be sold.  Such portion of the  proceeds of the sale shall be paid to the particular tenant or tenants as the  court ordering the partition or sale shall, according to the quantity of his or  their estate or interest therein, ascertain to be just and reasonable.
 
L.1951 (1st SS), c.344.