ยง 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.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 9 - Action for Partition
907 - Trial of Title or Interest.
913 - Inquiry as to Creditors.
916 - Interlocutory Judgment Directing Partial Partition.
917 - Interlocutory Judgment Directing Partition in Common.
918 - Interlocutory Judgment Directing Sale or Exception of Lien or Dower Interest.
919 - Interlocutory Judgment Directing Credit on Sale.
922 - Meeting of Commissioners; Report of Actual Partition; Confirming or Setting Aside Report.
923 - Security for Credit on Sale.
925 - Report of Sale; Confirmation.
927 - Contents of Judgment After Actual Partition.
928 - Effect of Judgment After Actual Partition.
929 - Lien of Creditor Upon Share Partitioned.
931 - Contents of Judgment After Sale.
933 - Effect of Judgment After Sale.
941 - Judgment as to Parties Having Interest in Entire Property.
943 - Judgment Directing Compensation to Equalize Partition.
945 - Judgment Adjusting Rents and Profits.
947 - Judgment Affecting State Tax Claim.
961 - Disposition of Proceeds of Sale.
962 - Payment of Proceeds Into Court Where There Are Liens.
963 - Payment of Proceeds Out of Court Where There Are Liens.
964 - Payment of Proceeds Into Court in Cases Involving Decedent's Property.
965 - Payment of Proceeds Out of Court in Cases Involving Decedent's Property.
966 - Payment of Proceeds Directly to Parties in Cases Involving Decedent's Property.
967 - Payment of Proceeds to Owner of Particular or Future Estate.
968 - Manner of Payment of Proceeds to Owner of Particular or Future Estate.
969 - Shares of Infant, Incompetent or Conservatee.
970 - Shares of Unknown or Absent Owner.
973 - Report of Disposition of Proceeds.
991 - Proceeding for Share of Unknown Heirs; Presumption of Death; Service.