Detailed answer

Yes. In New Jersey partition actions, the court can appoint a guardian ad litem (GAL) to represent the interests of heirs or owners who are unknown, unlocatable, incapacitated, or whose interests are otherwise unrepresented. A guardian ad litem is an attorney or other court‑appointed representative whose job is to protect the legal rights of that absent or unidentified party during the lawsuit.

How this works in practice:

• Pleading and notice: The plaintiff in a partition suit must list all known owners and heirs and must make reasonable efforts to locate any missing parties. If an owner or heir is unknown or cannot be located, the plaintiff typically asks the court to allow alternative notice (for example, publication) and to appoint a GAL to represent that unknown owner’s interests.
• Court appointment: The court reviews the request and, if satisfied that notice and due diligence are adequate, appoints a GAL to protect the absent parties. The appointment ensures the absent party’s interests are considered before the court divides, sells, or otherwise disposes of the property.
• Scope of the GAL’s role: The GAL’s duties include investigating the facts relevant to the absent party’s interest, reviewing title issues, participating in hearings, negotiating settlement terms when appropriate, and reporting or recommending actions to the court. The GAL does not create new rights for the absent person, but watches to ensure the court’s orders fairly protect whatever interest that person may have.
• Service by publication and other steps: When heirs cannot be found after reasonable search, New Jersey courts commonly permit service by publication or posting directed at unknown or unlocatable parties. The GAL generally receives copies of filings and notices and represents those parties for purposes of the pending case. Courts expect plaintiffs to document search efforts (address checks, probate records, public records, title searches, and other reasonable inquiries) before allowing publication service or final orders affecting unrepresented interests.
• Handling the absent party’s share: If the court proceeds with partition or sale, it may direct how the absent party’s share is preserved or handled. That can include directing the buyer or purchaser to hold the missing person’s share on deposit with the court or directing the county clerk/treasurer to hold funds pending future claim by the missing heir. The GAL may advise the court about fair procedures for protecting the absent party’s share.
• When a missing heir later appears: If a previously unknown or unlocatable heir later comes forward, the heir can usually move to set aside or modify the court’s orders if they can show sufficient legal grounds (timeliness, fraud, lack of adequate notice, or other defects). Courts weigh finality interests against fairness to the late claimant.

Relevant New Jersey law and practice:

• The statutory and procedural rules governing partition and service in New Jersey are implemented by state statutes and court rules. See the New Jersey Statutes and the New Jersey Courts resources for rules on service, guardians ad litem, and equity practice. For a searchable index of New Jersey statutes, start at the New Jersey Legislature website: https://www.njleg.state.nj.us/.
• For practical guidance about procedural rules, notice, and guardians ad litem in practice, consult the New Jersey Courts website, which lists rules, forms, and local practice directions: https://www.njcourts.gov/.

Practical example (hypothetical):

Imagine three siblings own a family property. One sibling is known to have moved out of state and cannot be located despite searches of public records, mail forwarding, and inquiries of relatives. The two remaining owners file a partition action. They document their search efforts and ask the court both to permit service by publication on the missing sibling and to appoint a GAL to protect the missing sibling’s interest. The court appoints a GAL, allows publication, and proceeds with a supervised sale. The sale proceeds are deposited per the court’s directions to protect the missing sibling’s share while the GAL and the court safeguard the absent owner’s rights. If the missing sibling later appears, the court will address any timely challenge in light of the prior notice and the GAL’s participation.

When to involve an attorney:

If you are a party to a partition action and an heir or owner is unknown or unlocatable, consult a New Jersey real‑estate litigator or probate/estate attorney. An attorney can:

• Guide the necessary due diligence to locate the missing party;
• Prepare the application for alternative service and for appointment of a GAL;
• Work with the GAL and the court to protect sale proceeds or preserve title; and
• Advise how a later claim by a missing heir may affect finality.

Important procedural notes:

• Courts require documentation of reasonable efforts to locate missing heirs before allowing publication service or final disposition against unknown parties. Keep records of searches and inquiries.
• The court will consider fairness and the interests of finality when setting procedures for a missing owner’s share.
• The GAL’s appointment is meant to protect absent owners, not to substitute for an heir’s personal appearance; a later‑appearing heir can seek relief but may face time limits and standards that affect success.

This discussion explains general New Jersey practice. It does not replace a review of the statutes, court rules, or the facts of your case.

Helpful hints

1. Start with a full title and probate search. Track all findings. Courts expect documented, reasonable steps before appointing a GAL or allowing publication.
2. Use multiple search methods: county records, probate files, telephone and address databases, social media, and outreach to relatives.
3. File a short, clear affidavit of due diligence with the court when asking for alternative service or a GAL appointment.
4. Ask the court how sale proceeds or a missing party’s share will be held (escrow, court deposit, or other secure method).
5. Be aware of timing rules. If you expect a missing heir to appear, plan for possible motions to reopen or set aside the sale and for potential costs.
6. Consider asking the court to name counsel as GAL rather than a lay person. A lawyer‑GAL can immediately advocate in litigation, which often moves more efficiently.
7. Keep records of service, publication notices, and all communications. If a party later claims lack of notice, those records are critical.
8. Consult an attorney early. A lawyer can reduce risks of later challenges and help comply with New Jersey procedural requirements.