§ 5188 - Death or nonjoinder of part owner
§ 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 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 name entered therein and his right or share set off and allotted to him in proportion to his interest in the estate. (Amended 1971, No. 185 (Adj. Sess.), § 157, eff. March 29, 1972.)