Detailed Answer

Partition actions in New Jersey are equitable proceedings in the Superior Court. The court has the authority to divide property among co-owners or to order the property sold and the proceeds divided. To carry out a sale the court commonly appoints a commissioner to market, sell, and report back to the court. The court supervises the sale process and must confirm the sale before title transfers or proceeds distribute.

Statutory law and court practice give the court broad discretion to decide how a sale is handled. The relevant statutory framework for partition is located in the New Jersey statutes governing partition of real property (see N.J.S.A. Title 2A, chapter on partition). For general information about the courts that hear partition matters, see the New Jersey Courts website: https://www.njcourts.gov/. For statutory text on partition, see the New Jersey Legislature site for Title 2A, Chapter 34: https://www.njleg.state.nj.us/Statutes/Title2A/Chapter34/.

Key points the court will consider before allowing a private sale handled by a commissioner:

• Court authorization is required. You must move the court for an order appointing a commissioner and approving the proposed private sale terms. The court will not allow an unmonitored private closing that short-circuits estate protections.
• Fair market value and disclosure. The court will want evidence that the private sale price is fair. Expect to provide appraisals, comparative market data, or other valuation proofs. The commissioner’s report should describe how the price was determined.
• Notice to all interested parties. All co‑owners, lienholders, and anyone with an interest in the property must receive notice of the motion for sale and of the confirmation hearing. Parties must have a chance to object.
• Procedural safeguards. The court may require competitive bidding, public marketing, or an auction before approving a private sale—especially if the buyer is a party or closely related to a party. A sale to a co-owner or an affiliate will receive close scrutiny.
• Commissioner’s duties and report. The commissioner typically has a detailed order of appointment that sets marketing duties, sale procedures, escrow handling, and a deadline to file a report and recommend confirmation. The court reviews the report and holds a confirmation hearing.
• Possible requirements for bond or escrow. Courts often require that sale proceeds be held in escrow or that the purchaser post security to protect claims by other owners or creditors until distribution occurs.
• Distribution and liens. The sale proceeds are distributed according to the court’s judgment after payment of liens, costs, and the commissioner’s fee.

Typical steps to ask the court to appoint a commissioner for a private sale

1. File a motion or application in the pending partition action asking the court to appoint a commissioner and to approve a private sale to the identified buyer.
2. Include a proposed form of order describing the commissioner’s authority and sale procedures (marketing, minimum price, sale contingencies, escrow instructions).
3. Attach supporting evidence: a current appraisal or CMA, copy of the purchase contract (if any), disclosures about affiliations between buyer and sellers, and a proposed plan for notice to lienholders and co‑owners.
4. Provide adequate notice to all parties and file affidavits of service so the court knows everyone was informed.
5. Attend the hearing. Be prepared to show the price is fair and the process protects other owners’ interests.
6. If the court approves the sale, the commissioner will carry out the transaction, file a report, and the court will confirm the sale before final distribution of proceeds.

Hypothetical example

Suppose three siblings co-own a house and two want to sell only to an outside buyer who has offered a quick, all-cash purchase. They ask the Superior Court in New Jersey to appoint a commissioner to handle a private sale directly to that buyer. The court will require the siblings to show the price reflects fair market value (likely via an appraisal), give the third sibling notice and an opportunity to object, and may insist on an open marketing period or competitive bids unless the court finds a private sale is in the best interests of all owners. If the commissioner follows the court’s order and the court confirms the sale, title transfers and proceeds are distributed under the court’s judgment.

Bottom line: You can ask the court to appoint a commissioner to handle a private sale in a New Jersey partition action, but the court will only allow it if the process protects the rights of all parties and satisfies statutory and equitable safeguards. The court’s approval is the essential step.

If you want to review statutory language about partition, start with the New Jersey statutes for partition (Title 2A, Chapter 34): https://www.njleg.state.nj.us/Statutes/Title2A/Chapter34/. For court procedures and where to file, see the New Jersey Courts homepage: https://www.njcourts.gov/.

Important disclaimer: This article explains general principles of New Jersey partition practice and is not legal advice. You should consult a New Jersey-licensed attorney about your specific facts before taking action.

Helpful Hints

• Consult a New Jersey real property attorney early—partition sales and private-sale requests raise complex equity issues.
• Obtain a current professional appraisal before asking for a private sale approval.
• Provide full disclosure if the buyer is related to a party or affiliated with a party; courts scrutinize insider deals.
• Prepare clear marketing and notice plans showing you sought competitive offers unless you can justify why a private sale is preferable.
• Expect the court to require escrow arrangements and possibly a purchaser’s bond to protect other owners and creditors until the court confirms distribution.
• Be ready for a confirmation hearing where parties can object — objections can delay or derail a proposed private sale.
• Document all communications and offers in writing and file them in the court record with your motion.
• Consider mediation between co‑owners before litigating; an agreed sale with court approval is often faster and cheaper.
• Know that county practice may vary; local judges and vicinages may have preferred forms and procedures—ask counsel familiar with your county.