§ 34-15-20. Partition of lands of fee holders and of life tenants, reversioners, and remaindermen.
Partition may be made of any lands, tenements, or hereditaments between the person or persons who hold the fee of any share or shares thereof, and the person or persons who hold or are or may be entitled to any share or shares thereof, for life or in reversion or remainder, and whether the remainder is vested or contingent, and whether it is to persons in being and ascertained or to persons not in being or to be ascertained thereafter, or subject to be opened to let in those afterwards to come into being or having other interests whatsoever, vested or contingent, therein; provided, that all persons in being at the time of the commencement of the action for partition, interested in the estate, are made parties to the proceedings and their title or interest fully shown upon the record by the pleadings; and provided, also, that before final judgment or decree for partition or sale in any such case the court shall appoint some discreet person to represent the interest of persons, if any, not then in being, whose reasonable charges, as allowed by the court, shall be taxed in the costs and be a charge upon the share or shares of the estate in which the parties not in being shall or may be interested.
History of Section.G.L. 1896, ch. 265, § 20; G.L. 1909, ch. 330, § 20; G.L. 1923, ch. 381, § 20; G.L. 1938, ch. 586, § 20; G.L. 1956, § 34-15-20.
Structure Rhode Island General Laws
Section 34-15-1. - Cotenants of estates of inheritance.
Section 34-15-2. - Cotenants of estates for life or years.
Section 34-15-3. - Cotenants of estates of inheritance and for life or years.
Section 34-15-4. - Action by executor or administrator as tenant in common.
Section 34-15-5. - Joinder of reversioner or remainderman with tenant for life or years.
Section 34-15-6. - Venue when land situated in two (2) or more counties.
Section 34-15-7. - Notice to absent or unknown parties.
Section 34-15-8. - Notice to absentee by service on tenant in possession.
Section 34-15-9. - Continuance on failure of absentee to appear — Appointment of agent.
Section 34-15-10. - Summons of party omitted from original process.
Section 34-15-11. - Appointment of guardian ad litem.
Section 34-15-12. - Death of party — Substitution of heirs or devisees.
Section 34-15-13. - Voluntary appearance by heirs or devisees of deceased party.
Section 34-15-14. - Joint or several answers.
Section 34-15-15. - Order to set off share of party.
Section 34-15-16. - Order of sale.
Section 34-15-17. - Sale binding on parties to action.
Section 34-15-18. - Division of proceeds of sale — Share set aside for absent or unknown parties.
Section 34-15-19. - Adjudication of all claims.
Section 34-15-21. - Title vested by sale — Investment for benefit of reversioner or remainderman.
Section 34-15-22. - Apportionment of costs.
Section 34-15-23. - Costs as lien on property.
Section 34-15-24. - Appointment of persons to make partition.
Section 34-15-25. - Partition by persons appointed.
Section 34-15-26. - Notice by commissioners nonresidents and to absent or unknown parties.
Section 34-15-27. - Report of commissioners — Judgment — Recording.