Rule 4:63-1.Partition; dower; curtesy

Last amended September 10, 1984 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:63-1 lets the court appoint commissioners to divide real estate among its owners when that can be done without great prejudice to them, and otherwise direct a sale or, in a dower or curtesy case, an assignment from the rents and profits.

Full Text of Rule 4:63-1

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If in an action for partition or for the admeasurement of dower or curtesy, the court shall be satisfied that a division of the real estate can be made without great prejudice to the owners thereof, it may appoint one or more persons as commissioners to ascertain and report in writing the metes and bounds of each share, if not so satisfied, it may direct a sale or, in its discretion, if the action is one for dower or curtesy, an assignment from the rents and profits.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:81-2, 5:2-4; amended July 26, 1984 to be effective September 10, 1984.

Plain-English Summary

Splitting up jointly held real estate doesn't always mean selling it. If the court is satisfied the property can be divided among its owners without causing them serious harm, it can appoint one or more commissioners to work out and report the exact boundaries of each owner's share.

When division isn't practical, the court instead orders a sale — or, in a dower or curtesy case, it has the added option of assigning the party an interest measured against the property's rents and profits.

Frequently Asked Questions

What happens when real estate can't be divided equitably among its owners?

The court may direct a sale, or in a dower or curtesy case, an assignment from the property's rents and profits instead.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:63-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: partition actiondower and curtesy