Vermont § 5188 Death or nonjoinder of part owner

Vermont Statutes

§ 5188 — Death or nonjoinder of part owner

Vermont § 5188

Title 12Title 12: Court Procedure

Ch. 179Chapter 179: Partition of Real Estate

This text of Vermont § 5188 (Death or nonjoinder of part owner) is published on Counsel Stack Legal Research, covering Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vt. Stat. Ann. tit. 12, § 5188 (2026).

Text

An action for the partition of real estate shall not be dismissed or proceedings thereon suspended in consequence of the death of an owner or person interested in the estate, or because all the parties interested in the estate are not named in the complaint. In the event of the death of an owner or person interested in the estate, that owner’s right or share shall be set off to his or her legal representatives. If all the parties interested in the estate are not named in the complaint, every such party not named in the complaint shall have his or her name entered therein and his or her right or share set off and allotted to him or her in proportion to his or her interest in the estate. (Amended 1971, No. 185 (Adj. Sess.), § 157, eff. March 29, 1972.)

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An action for the partition of real estate shall not be dismissed or proceedings thereon suspended in consequence of the death of an owner or person interested in the estate, or because all the parties interested in the estate are not named in the complaint. In the event of the death of an owner or person interested in the estate, that owner’s right or share shall be set off to his or her legal representatives. If all the parties interested in the estate are not named in the complaint, every such party not named in the complaint shall have his or her name entered therein and his or her right or share set off and allotted to him or her in proportion to his or her interest in the estate. (Amended 1971, No. 185 (Adj. Sess.), § 157, eff. March 29, 1972.)