Detailed Answer — How to start a partition lawsuit in New Jersey

Short overview: If you inherit land owned jointly with relatives and they refuse to agree on dividing or selling it, you can ask the New Jersey Superior Court to force a division or sale through a partition action. Partition actions are civil lawsuits usually filed in the Superior Court (Chancery Division, General Equity). This article explains the typical steps, what the court can do, who pays costs, and practical issues to prepare for.

1. Confirm ownership type and gather documents

First, confirm how title is held. Common situations:

Tenancy in common — each owner has an undivided fractional interest that can be partitioned.
Joint tenancy with right of survivorship — the surviving joint tenant may own the whole after another’s death; partition generally applies to tenants in common more often.

Collect: the deed(s), the decedent’s will (if any), death certificate, title search or abstract, mortgage statements, tax bills, surveys, and any written communications among owners. A clear paper trail speeds case preparation.

2. Try resolution first (required or advisable)

Court prefers parties to try negotiation or mediation before litigation. Consider these options before filing:

Written demand for sale or division — send a clear, dated letter explaining the requested relief.
Offer to buy out other owners or obtain a professional valuation.
Mediation through a private mediator or court-sponsored program.

If relatives still refuse, the partition lawsuit is the next step.

3. Where and how to file — procedural basics

File a complaint for partition in the New Jersey Superior Court, generally in the county where the property sits. The complaint should:

Name all co-owners and any persons or entities with recorded interests (mortgagees, lienholders, judgment creditors).
Describe the property precisely (address and legal description).
State each party’s alleged ownership share (if known).
Ask the court to partition the property in kind (divide the land) or, if a fair division is not practical, order a sale and division of proceeds.
Request appointment of a commissioner, referee, or special master to survey, divide, or sell the property as needed.

The court will issue process requiring service on all named parties. If one or more owners are hard to find, the plaintiff may need to follow rules for service by publication or other substituted service under New Jersey law and court rules.

4. Partition in kind vs partition by sale

The court may order:

Partition in kind: physical division of the land into separate lots allocated to owners in proportion to their interests. This works only if the property can be fairly divided without materially impairing value.
Partition by sale: court orders a public auction or private sale (often supervised by a court-appointed commissioner) and divides proceeds after paying liens, taxes, and sale costs.

New Jersey courts weigh practicality, fairness, and whether physical division would substantially reduce property value when choosing between the two.

5. Liens, mortgages, and encumbrances

Outstanding mortgages or liens remain attached to the property. Typically:

Mortgages must be satisfied or handled in the sale. The sale proceeds pay secured creditors before owners split the remainder.
Judgment liens or tax liens are addressed as part of the settlement of sale proceeds.

If one owner contributed funds to pay a mortgage or make improvements, the court can account for those contributions when dividing proceeds.

6. Costs, fees, and division of proceeds

Costs of the partition (filing fees, commissioner or referee fees, survey costs, legal fees, sale costs) typically come out of the sale proceeds or are divided among owners according to ownership shares. A party acting in a way that forces sale may be ordered to pay more of the costs in some circumstances, but courts generally aim to distribute costs equitably.

7. Timing and possible outcomes

Partition actions can take months to a year or longer depending on complexity, title issues, and any disputes over valuation, liens, or improvements. Typical outcomes:

Agreement between owners during litigation (settlement).
Partition in kind with physical division.
Order of sale and distribution of net proceeds.
Buyout: one owner buys out others at court-ordered or agreed value.

8. Practical considerations and strategies

Before filing, evaluate:

Whether a buyout or negotiated sale to a third party might be cheaper and faster.
Costs vs expected proceeds — litigation costs can be high relative to property value.
Tax consequences of sale or division — capital gains, basis adjustments, and potential property tax reassessments.

9. Where to find New Jersey statutes and rules

Partition actions and related civil procedure are governed by New Jersey statutes and court rules and decided in Superior Court (General Equity). For official New Jersey legal materials, see the New Jersey Legislature and the New Jersey Courts:

New Jersey Legislature (search statutes): https://www.njleg.state.nj.us/
New Jersey Courts (court locations, procedures, and resources): https://www.njcourts.gov/

Because statutory citations and procedural rules may change, consult the official sites above or an attorney for current statutory references and court rule citations.

10. When to hire an attorney

You should strongly consider hiring a New Jersey real estate or civil litigator if any of the following apply:

Title is complex or contested.
There are mortgages, tax liens, or creditor claims.
Significant disagreements about valuations, improvements, or ownership shares.
You need help with service, discovery, or court hearings.

Attorney tasks commonly include preparing and filing the complaint, handling service, negotiating settlement, representing you at hearings, and supervising sale or division mechanics.

Finding an attorney: Use the New Jersey State Bar Association or your county bar association lawyer referral service and check attorney reviews and experience in partition and real property litigation. New Jersey Courts and the NJ State Bar Association provide referral resources: https://www.njcourts.gov/ and https://tcms.njsba.com/.

Disclaimer: This information is educational and general in nature and is not legal advice. It does not create an attorney-client relationship. For legal advice about your specific situation, consult a licensed New Jersey attorney.

Helpful Hints — Practical checklist for starting a partition lawsuit in New Jersey

Gather deeds, wills, death certificates, mortgage statements, tax bills, and surveys before contacting a lawyer.
Send a clear written demand for division or sale and keep a copy—courts like to see attempts to resolve disputes.
Obtain a title search early to identify liens, mortgages, and unknown claimants.
Get a current appraisal to understand market value and evaluate buyout offers.
Estimate litigation costs vs sale proceeds—if costs approach net value, negotiate instead of litigating.
Consider mediation or neutral appraisal to avoid court expense and delay.
Keep records of any payments you made (mortgage, taxes, improvements) to claim credits in accounting.
Ask about temporary orders (e.g., injunctions) if co-owners are damaging property or removing assets.
Expect a court-appointed commissioner or referee to handle surveys, sale arrangements, or division details.
Check for tax consequences (capital gains, estate adjustments) with a tax professional.