§ 1651 — Proceedings for voluntary partition of infant's, incompetent's or conservatee's real property

§ 1651. Proceedings for voluntary partition of infant's, incompetent's\nor conservatee's real property. 1. Where an infant, person with a mental\ndisability, or conservatee holds real property, in joint tenancy or in\ncommon, the general guardian of the infant, or the committee of the\nperson with a mental disability, or conservator of the conservatee, may\napply to the supreme court or to the county court of the county wherein\nthe real property is situated, for authority to agree to a partition of\nthe real property. Where such application affects the interests of an\nincompetent person or a conservatee who has been committed to a state\ninstitution, and is an inmate thereof, notice of such application must\nbe given to the superintendent, acting superintendent or state officer\nhaving special jurisdiction over the institution where the incompetent\nperson or conservatee is confined. Irrespective of the location of any\nreal property held by an infant in joint tenancy or in common, his\ngeneral guardian may make such application to the surrogate's court\nwhich appointed such guardian. A certified copy of the decree entered in\nthe surrogate's court on such application must be recorded in the office\nof the clerk of each county in which is situated property affected by\nsuch decree.\n 2. Such an application must be by a petition, which must describe the\nreal property proposed to be partitioned; must state the rights and\ninterests of the several owners thereof; must specify the particular\npartition proposed to be made; and must be verified by affidavit. The\ncourt may order notice of the application to be given to such persons as\nit thinks proper.\n 3. If, after due inquiry into the merits of the application, by a\nreference or otherwise, the court is of the opinion that the interests\nof the infant, or person with a mental disability, or conservatee, will\nbe promoted by the partition proposed, it may make an order authorizing\nthe petitioner to agree to the partition proposed, and in the name of\nthe infant, person with a mental disability, or conservatee, to execute\nreleases of his right and interest in and to that part of the property\nwhich falls to the shares of the other joint-tenants or tenants in\ncommon. The court may, in its discretion, for the furtherance of the\ninterests of said infant, person with a mental disability, or\nconservatee, direct partition to be so made as to set off to him or them\nhis or their share in common with any of the other owners, provided the\nconsent in writing thereto of such owners shall be first obtained.\n 4. Releases so executed have the same validity and effect, as if they\nwere executed by the person in whose behalf they are executed, and as if\nthe infant was of full age, person with a mental disability, was of\nsound mind, and competent to manage his affairs, or the conservatee was\ncompetent to manage his affairs.\n