Page:United States Statutes at Large Volume 77.djvu/629

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[77 STAT. 597]
[77 STAT. 597]
PUBLIC LAW 88-000—MMMM. DD, 1963

77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963


Subchapter I—Partition Generally §16-2901. Parties; accounting by tenant in common The United States District Court for the District of Columbia may decree a partition of lands, tenements, or hereditaments on the complaint of a tenant in common, claiming by descent or purchase, or of a joint tenant; or when it appears that the property can not be divided without loss or injury to the parties interested, the court may decree a sale thereof and a division of the money arising from the sale among the parties, according to their respective rights. (D) This section applies to cases where: (1^ all the parties are of full age; (2) all the parties are infants; (3) some of the parties are of full age and some are infants; (4) some or all of the parties are non compos mentis; and (6) all or any of the parties are non-residents— and a party, whether of full age, infant, or non compos mentis, may file a complaint pursuant to this section, an infant by his ^ a r d i a n or next friend, and a person non compos mentis by his committee. (c) In a case of partition, when a tenant in common has received the rents and profits of the property to his own use, he may be required to account to his cotenants for their respective shares of the rents and profits. Amounts found to be due on the accounting may be charged against the share of the party owing them in the property, or its proceeds in case of sale. (d) This section does not affect section 211-213. 3i Stat. i;!03 Subchapter II—Assignment of Dower; Parties to Partition Proceeding; Sale of Property Discharged From Dower or Spouse's Intestate Share §16-2921. Appointment of commissioners; cases of partition When real property is held by a person or persons, by descent or purchase, in the whole of which a widow or widower is entitled to dower, either the widow or widower or a person entitled to the property or an undivided share therein may apply to the United States District Court for the District of Columbia to have the dower therein assigned. Thereupon, the court shall appoint three commissioners to lay off and assign the dower, if practicable. The report of the commissioners is subject to ratification by the court. In all cases of partition between two or more joint tenants or tenants in common of real property, in the whole of which a widow or widower is entitled to dower, the dower shall be laid off and assigned, in like manner, before the partition is decreed. When an estate of which a woman or man is dowable is entire, and the dower can not be set off therefrom by metes and bounds, it may be assigned by the court as of a third part of the net rents, issues, and profits thereof. § 16-2922. Widow or widower of tenant in common When a widow or widower of a tenant in common of real property is entitled to dower in his or her undivided share of the property, and a partition is decreed between his or her heirs or devisees and the other tenants in common, the dower attaches to, and may, in the manner provided by section 16-2921, be assigned and laid out in, the. shares assigned in severalty to the heirs or devisees, and the shares of the other tenants in common shall be assigned to them, respectively, in severalty, free from the dower.