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This entry was published on 2014-09-22
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Interlocutory judgment directing partial partition
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 9
§ 916. Interlocutory judgment directing partial partition. Where the
right, share and interest of a party has been ascertained, and the
rights, shares or interests of the other parties as between themselves
remain unascertained, an interlocutory judgment for a partition shall
direct a partition as between the party whose share has been so
determined and the other parties to the action. Where the rights, shares
and interests of two or more parties have been thus ascertained and
determined, the interlocutory judgment may also direct the partition
among them of a part of the property proportionate to their aggregate
shares. In either case, the court, from time to time, as the other
rights, shares and interests are ascertained, may render an
interlocutory judgment directing the partition, in like manner, of the
remainder of the property. Where an interlocutory judgment is rendered
in a case specified in this section, the court may direct the action to
be severed, and final judgment to be rendered with respect to the
portion of the property set apart to the parties whose rights, shares
and interests are determined, leaving the action to proceed as against
the other parties with respect to the remainder of the property; and if
necessary, the court may direct that one of those parties be substituted
as plaintiff.