Detailed Answer

Short answer: After a court-ordered partition sale in Connecticut, your share of the net proceeds comes from the sale price after payment of sale costs, mortgages, lienholders, taxes, and court-ordered expenses. The court issues an order of distribution (or the partition referee/sheriff distributes funds under the court’s direction). If you do not receive your share, you can ask the clerk or judge for an accounting and a distribution order, or file a motion to compel distribution.

How proceeds are calculated and who gets what

Partition sales are handled by the court. The typical flow is:

1. Property sells at the partition sale (public auction or negotiated sale approved by the court).
2. The sale officer (commissioner, referee or sheriff) reports the sale to the court and files an accounting of gross proceeds and expenses.
3. The court confirms the sale and issues an order approving the sale and directing distribution of proceeds.
4. From the gross sale price the court (or the sale officer under court order) pays: costs of sale and advertising, the referee’s or commissioner’s fees, any broker commissions (if approved), taxes, outstanding municipal liens, recorded mortgages and judgments in the order of their legal priority.
5. After those obligations are paid, the remainder—the net proceeds—are divided among co-owners according to their legal interests in the property (for example, percentage shares as tenants in common, or equal shares for joint tenants unless the court finds otherwise).

To know your rightful share you must determine: (1) your ownership interest (what percentage each owner holds), and (2) the liabilities that must be paid from the sale proceeds (mortgages, liens, tax arrears). The court’s distribution order will state the amounts to which each party is entitled.

Common issues and how to address them

Below are common problems that can delay or reduce the money you receive, and how to handle them:

• Prior mortgages or liens: Creditors with recorded mortgages or judgment liens are paid from the sale proceeds in priority order. If a lien remains unpaid, the net available to owners decreases.
• Dispute over ownership share: If co-owners disagree about percentages (for example, someone claims they contributed more to the purchase or to improvements), ask the court for an accounting or raise the dispute in the partition action. The judge may adjust distributions based on equitable considerations and proof of contribution.
• Costs and fees: Court costs, sale costs, and any approved commissions are deducted before distribution. Review the sale accounting carefully and object promptly to improper charges.
• Proceeds being held: If the sale officer or clerk is holding funds but will not disburse them, file a motion with the court asking for a distribution order. If the funds were deposited with the court, the clerk follows the court’s distribution order.

Step-by-step: What you should do to get your share

1. Obtain the court docket entries and the referee’s report on the sale. These documents show the gross sale price and the accounting of costs. Contact the clerk of the Superior Court where the partition was litigated or search the electronic docket if available.
2. Review the sale accounting and the court’s distribution order. The order explains who gets what after liens and costs are paid.
3. Confirm whether mortgages and liens were paid from proceeds. Request a title report or examine the sale accounting to see which encumbrances were satisfied.
4. If you believe the split is wrong, file a written objection (or motion) with the court within any deadline set in the sale confirmation process. Ask for an accounting or a hearing.
5. If the court has ordered payment and distribution has not occurred, file a motion to enforce or to compel distribution. The clerk’s office can tell you the procedure for requesting disbursement under the court order.
6. If funds are being withheld improperly by a co-owner, escrow agent, or third party, you can ask the court to order turnover or use contempt or other remedies available under Connecticut procedure.

Where to look in Connecticut law and court resources

Partition actions and sales are governed by Connecticut practice and case law. For statutory and court resources consult:

• Connecticut General Assembly: Connecticut statutes and legislative resources – https://www.cga.ct.gov/
• Connecticut Judicial Branch: court forms, procedures, and self-help information – https://www.jud.ct.gov/

These resources will help you find the specific rules and local practice for partition proceedings in the Superior Court where the case was heard.

When to get help

If the sale accounting is complex, multiple liens exist, or co-owners contest the distribution, consider getting legal help to protect your share. An attorney can request an accounting, prepare objections, and present evidence to the court showing why you deserve a particular adjustment (for example, credit for mortgage payments or improvements).

Disclaimer

This article is educational only and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Connecticut attorney or the Connecticut Judicial Branch self-help resources linked above.

Helpful Hints

• Gather documents early: deeds, mortgages, loan payment records, tax bills, and records of improvements help prove your entitlement or offset.
• Confirm title and ownership percentages before the sale—look at the deed to see whether you are a joint tenant or tenant in common.
• Check the referee’s or commissioner’s accounting carefully; object promptly in writing to any item you believe is inaccurate.
• Know the lien landscape: recorded mortgages and judgment liens get priority; unpaid property taxes often must be paid from the proceeds.
• If you and co-owners can agree, a negotiated buyout or agreed sale avoids many delays and costs associated with a contested partition sale.
• Keep copies of all motions, court orders, and distributions. These are essential if you need to enforce payment later.
• Use court self-help resources at the Connecticut Judicial Branch website for forms and local court procedures.