The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 12 V.S.A. § 5188)
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§ 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.)