Bindinglaw

NJ · rules

N.J. Ct. R. 4:63-3

Calculation of Gross Sum in Lieu of Dower or Curtesy

activein force · 1990-09-04 – presentact-effective-date

The gross sum to be allowed in lieu of dower or curtesy or an estate for life or years devised in lieu of dower or curtesy shall be fixed by the court at such an amount as, in its opinion and under the circumstances of the case, will provide a reasonable satisfaction for the dower or other interest. In fixing that amount, the court shall proceed after the sale as follows:

(a) The court shall calculate the value of the dower or other interest upon the basis of the net proceeds of the sale, above costs and expenses, applying the principle of life annuities and using the table printed in the Appendix to these rules. Except in unusual circumstances, the amount fixed by the court shall not be greater than that arrived at under this paragraph.

(b) The court shall also calculate the value of the dower or other interest upon the basis of the clear yearly income from the premises, applying the same principle and using the same table. In ascertaining the clear yearly income, allowance shall be made for insurance, taxes and all repairs necessary to keep the premises in as good a condition as at the sale, including the renewal of any part of the buildings thereon required, because of deterioration or ordinary wear and tear.

(c) If the interest on the net proceeds of sale at 5 1/2% or at such other interest rate as the court determines on good cause shown is appropriate, exceeds the clear yearly income, the amount fixed by the court shall, except in unusual circumstances, be determined by adding to the amount arrived at under paragraph (b), in cases of dower or curtesy, 1/2 - or in other cases, 1/4 - of the difference between the amount arrived at under paragraph (a) and the amount arrived at under paragraph (b).

(d) The court shall make inquiry as to the health of the person entitled to the dower or other interest and shall reduce the gross sum accordingly if such person does not have an average life expectancy.

History

Note: Source-R.R. 4:81-5; paragraph (c) amended to be effective immediately [February 24, 1978] as to all matters wherein final judicial review has not been exhausted; paragraph (c) amended June 29, 1990 to be effective September 4, 1990.

Provenance

Source
njcourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
8ecaf60dd5f2c4390204371372d5592ea64ebca4adf8d96814b623faa72b15bf
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
N.J. Ct. R. 4:63-3 — Calculation of Gross Sum in Lieu… · binding.law