RPAPL 918 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 917 Interlocutory judgment directing partition in common up ARTICLE 9 Action For Partition next SECTION 919 Interlocutory judgment directing credit on sale Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 918 Interlocutory judgment directing sale or exception of lien or dower interest Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 9 § 918. Interlocutory judgment directing sale or exception of lien or dower interest. 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.