NY State — NY Real Property Actions & Proceedings Law

§ 918 — SECTION 918 Interlocutory judgment directing sale or exception of lien or dower interest

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 918?

Quick Answer

This section provides for an interlocutory judgment that directs the sale of property while addressing liens and dower interests. It allows the court to determine if a dower interest should be excluded from the sale or included, ensuring that purchasers acquire the property free from such claims. Applies to parties involved in partition actions regarding property sales.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 918 SECTION 918 Interlocutory judgment directing sale or exception of lien or dower interest

RPAPL § 918

1.An interlocutory judgment directing the sale of the property may direct that the premises sold shall be free from the lien of every debt of a decedent, from whom the plaintiff's title is derived, or of a decedent who, if living, should be a party to the action, except debts which were a lien upon the premises before the death of such decedent.

2.Where a party has an existing right of dower in the entire property directed to be sold, at the time when an interlocutory judgment for a sale is rendered in an action for partition, the court shall determine whether the interests of all the parties require that the right of dower should be excepted from the sale or that it should be sold. If a sale of the property, including the right of dower, is directed, the interest of the party entitled to the right of dower shall pass thereby; and the purchaser, his heirs and assigns, shall hold the property free and discharged from any claim by virtue of that right.

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