Part 4 · Waste; Partition; Account; Dower; Curtesy

Rule 4:63-2. Notice of Motion for Sale Free From Dower and Curtesy

Amended July 13, 1994 (current) Contains Deadlines

In proceedings for the sale of real estate by a fiduciary or for partition, notice of an application to sell free and clear of a right or estate of dower or curtesy shall be served within this State in accordance with R. 1:5-2 at least 35 days prior to the application; or if it shall appear by affidavit made pursuant to R. 4:4-5 that the party entitled to notice cannot be served within this State, the notice may be served pursuant to R. 4:4-5, provided that service is completed at least 35 days prior to the application.