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This entry was published on 2021-08-06
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SECTION 1651
Proceedings for voluntary partition of infant's, incompetent's or conservatee's real property
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 16
§ 1651. Proceedings for voluntary partition of infant's, incompetent's
or conservatee's real property. 1. Where an infant, person with a mental
disability, or conservatee holds real property, in joint tenancy or in
common, the general guardian of the infant, or the committee of the
person with a mental disability, or conservator of the conservatee, may
apply to the supreme court or to the county court of the county wherein
the real property is situated, for authority to agree to a partition of
the real property. Where such application affects the interests of an
incompetent person or a conservatee who has been committed to a state
institution, and is an inmate thereof, notice of such application must
be given to the superintendent, acting superintendent or state officer
having special jurisdiction over the institution where the incompetent
person or conservatee is confined. Irrespective of the location of any
real property held by an infant in joint tenancy or in common, his
general guardian may make such application to the surrogate's court
which appointed such guardian. A certified copy of the decree entered in
the surrogate's court on such application must be recorded in the office
of the clerk of each county in which is situated property affected by
such decree.

2. Such an application must be by a petition, which must describe the
real property proposed to be partitioned; must state the rights and
interests of the several owners thereof; must specify the particular
partition proposed to be made; and must be verified by affidavit. The
court may order notice of the application to be given to such persons as
it thinks proper.

3. If, after due inquiry into the merits of the application, by a
reference or otherwise, the court is of the opinion that the interests
of the infant, or person with a mental disability, or conservatee, will
be promoted by the partition proposed, it may make an order authorizing
the petitioner to agree to the partition proposed, and in the name of
the infant, person with a mental disability, or conservatee, to execute
releases of his right and interest in and to that part of the property
which falls to the shares of the other joint-tenants or tenants in
common. The court may, in its discretion, for the furtherance of the
interests of said infant, person with a mental disability, or
conservatee, direct partition to be so made as to set off to him or them
his or their share in common with any of the other owners, provided the
consent in writing thereto of such owners shall be first obtained.

4. Releases so executed have the same validity and effect, as if they
were executed by the person in whose behalf they are executed, and as if
the infant was of full age, person with a mental disability, was of
sound mind, and competent to manage his affairs, or the conservatee was
competent to manage his affairs.