The Vermont Statutes Online
The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 12 : Court Procedure
Chapter 179 : Partition of Real Estate
(Cite as: 12 V.S.A. § 5188)-
§ 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.)