37:2-21 - Payment to married woman living separate from husband of proceeds of real estate sold by order of court, free from claims of husband; procedure - New-jersey Statutes

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Statutes > New-jersey > Title-37 > Section-37-2 > 37-2-21

37:2-21. Payment to married woman living separate from husband of proceeds of real estate sold by order of court, free from claims of husband; procedure
Any married woman, whose interest in real estate acquired by descent, gift or devise, has been or may be sold by order or judgment of the Superior Court in any partition or other proceedings, and the proceeds of such sale have been or shall be placed in the custody of any court of this State, or of any officer thereof, and who shall be living in a state of separation from her husband, continued for three or more years, may apply to the Superior Court for an order directing the clerk of the court, or the person having the custody of such proceeds, to pay the same to her free and discharged of any right of curtesy or of any right, title or interest of her husband therein. The court, upon receiving satisfactory proof that such real estate was acquired as aforesaid, and that the applicant has been living separate and apart from her husband for three or more years next preceding such application, and notice of such application first having been given to the husband, as in the case of absent defendants or such other notice as the court may, by order, direct, may direct the clerk of the court or the person having the custody of such proceeds to pay the same, together with any accumulated interest thereon, directly to the applicant, free and discharged of any right, title or interest of her husband.

Amended by L.1953, c. 34, p. 604, s. 10, eff. March 19, 1953.

State Codes and Statutes

Statutes > New-jersey > Title-37 > Section-37-2 > 37-2-21

37:2-21. Payment to married woman living separate from husband of proceeds of real estate sold by order of court, free from claims of husband; procedure
Any married woman, whose interest in real estate acquired by descent, gift or devise, has been or may be sold by order or judgment of the Superior Court in any partition or other proceedings, and the proceeds of such sale have been or shall be placed in the custody of any court of this State, or of any officer thereof, and who shall be living in a state of separation from her husband, continued for three or more years, may apply to the Superior Court for an order directing the clerk of the court, or the person having the custody of such proceeds, to pay the same to her free and discharged of any right of curtesy or of any right, title or interest of her husband therein. The court, upon receiving satisfactory proof that such real estate was acquired as aforesaid, and that the applicant has been living separate and apart from her husband for three or more years next preceding such application, and notice of such application first having been given to the husband, as in the case of absent defendants or such other notice as the court may, by order, direct, may direct the clerk of the court or the person having the custody of such proceeds to pay the same, together with any accumulated interest thereon, directly to the applicant, free and discharged of any right, title or interest of her husband.

Amended by L.1953, c. 34, p. 604, s. 10, eff. March 19, 1953.

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State Codes and Statutes

Statutes > New-jersey > Title-37 > Section-37-2 > 37-2-21

37:2-21. Payment to married woman living separate from husband of proceeds of real estate sold by order of court, free from claims of husband; procedure
Any married woman, whose interest in real estate acquired by descent, gift or devise, has been or may be sold by order or judgment of the Superior Court in any partition or other proceedings, and the proceeds of such sale have been or shall be placed in the custody of any court of this State, or of any officer thereof, and who shall be living in a state of separation from her husband, continued for three or more years, may apply to the Superior Court for an order directing the clerk of the court, or the person having the custody of such proceeds, to pay the same to her free and discharged of any right of curtesy or of any right, title or interest of her husband therein. The court, upon receiving satisfactory proof that such real estate was acquired as aforesaid, and that the applicant has been living separate and apart from her husband for three or more years next preceding such application, and notice of such application first having been given to the husband, as in the case of absent defendants or such other notice as the court may, by order, direct, may direct the clerk of the court or the person having the custody of such proceeds to pay the same, together with any accumulated interest thereon, directly to the applicant, free and discharged of any right, title or interest of her husband.

Amended by L.1953, c. 34, p. 604, s. 10, eff. March 19, 1953.