If an income from an investment is allowed in lieu of dower, curtesy or other estate referred to in R. 4:63-3, the amount of the investment shall be fixed by the court so that the income therefrom will, in its opinion and under the circumstances of the case, provide a reasonable satisfaction for the dower or other interest. In fixing that amount, the court shall proceed after the sale as follows:
Rule 4:63-4.Calculation of investment in lieu of dower or curtesy
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:63-4 has the court fix the amount of an investment whose income substitutes for dower, curtesy, or another such interest, using the same net-proceeds and capitalized-income comparison Rule 4:63-3 uses for a lump-sum award.
Full Text of Rule 4:63-4
(a) The court shall calculate such amount upon the basis of the net proceeds of the sale, above costs and expenses. Except in unusual circumstances, the amount fixed by the court shall not be greater than that arrived at under this paragraph.
(c) If the amount arrived at under paragraph (a) exceeds that arrived at under paragraph (b) the court shall, except in unusual circumstances, fix the amount of the investment by adding to the amount arrived at under paragraph (b), in cases of dower or curtesy, ½ of the excess, or in other cases ¼ of the excess.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:81-6; paragraph (b); amended February 24, 1978 to be effective immediately as to all matters wherein final judicial review has not been exhausted; paragraph (b); amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
Sometimes the answer to a dower or curtesy interest isn't a lump sum but an investment whose income takes its place. The court first calculates that investment amount based on the net sale proceeds, and ordinarily caps the final figure there.
It then works out the property's clear yearly income the same way Rule 4:63-3 does, and capitalizes that income at 5.5% or another rate the court finds appropriate to get a second investment figure. If the net-proceeds figure comes out higher, the court generally adds half the excess in a dower or curtesy case, or a quarter in other cases, to the income-based figure.
Frequently Asked Questions
How is an investment set in lieu of dower or curtesy?
By comparing an amount based on the net sale proceeds against an amount based on the property's capitalized yearly income, the same method Rule 4:63-3 uses for a lump-sum award.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:63-4). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: investment in lieu of dower