§ 5188. Death or nonjoinder of part owner
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.)
Structure Vermont Statutes
Chapter 179 - Partition of Real Estate
§ 5161. Who may have partition
§ 5163. Complaint and summons; venue
§ 5169. Judgment for plaintiff; commissioners; waiver
§ 5170. When defendant prevails in whole or in part
§ 5171. Notice by commissioners; oath; partition
§ 5173. Recording of report and judgment; effect
§ 5174. Assignment or sale of estate—assignment to party
§ 5178. New partition—when ordered
§ 5181. Fees of commissioners—how fixed and paid
§ 5182. Party’s share sold if he or she does not pay
§ 5184. Purchase by or for commissioners prohibited
§ 5185. Conveyance before service of complaint
§ 5186. Shares set off shall inure to use of owner