New Jersey § 2a:56-27

§ 2a:56-27.

In an action for partition of real estate, if a sale is ordered, all inchoate rights

of dower or curtesy in the real estate may be sold by order of the court and when

so sold such rights shall be forever barred. If the person entitled to the right of dower or curtesy signifies her or his consent

thereto in writing, acknowledged as deeds of real estate are required to be acknowledged,

the proceeds of the sale of any share subject to such right shall be paid over as

though no such right existed. If the tenant in fee and his wife or her husband, as the case may be, entitled to

the inchoate rights, shall execute a full release and discharge duly acknowledged,

the court may direct payment to them of the portion of the proceeds that would otherwise

be invested in the manner hereinafter provided. However, where the share or interest of the tenant in fee has been sold by judgment

or otherwise or become subject to a valid lien a payment shall not be so made unless

all such parties in interest join in the release and discharge. If no such consent is executed, the court shall direct that one-half of the net proceeds

of the sale of each share subject to such right, or such other proportion in accordance

with the law existing at the time the right of dower or curtesy became vested, be

invested and the income thereof be paid during the lifetime of the tenant in fee of

each such share, to such tenant or to any persons having liens thereon, and upon the

death of the tenant in fee, to the person entitled to dower or curtesy therein during

her or his lifetime. Upon the death of the dower or curtesy holder such court shall direct that the principal

of the fund be paid to the heirs at law of the tenant in fee or to the parties holding

liens upon such share or shares at the time of the sale thereof and remaining unsatisfied

at the death of the dower or curtesy holder, or to such other persons, as equity may

require.