How can I get my share of the net proceeds after the partition sale of a co-owned house? (Illinois, IL) | Illinois Partition Actions

Detailed Answer

Short answer: In Illinois, after a court-ordered partition sale of a co-owned house the court will pay sale costs and valid liens first, then distribute the remaining net proceeds to the co-owners according to their legal ownership shares (subject to any credit or offset the court orders). To get your share you must be a party in the partition proceeding (or have successfully intervened), follow the court’s distribution order, and, if the clerk or other parties delay payment, ask the court to enforce the distribution.

How partition sales work in Illinois (basic overview)

If co-owners cannot agree, any co-owner can file a partition action under the Illinois Code of Civil Procedure (partition statutes: 735 ILCS 5/15‑100 et seq.). The judge will decide whether to divide the land in kind or to order a sale. If the court orders a sale, it usually appoints a commissioner to sell the property and requires the sale to be confirmed by the court.

Important features of a partition sale:

The sale price is applied first to paying costs of the lawsuit and sale (commissioner or sheriff fees, publication, closing costs, etc.).
Valid liens and encumbrances against the property (mortgages, tax liens, mechanic’s liens) are paid from sale proceeds in the order of priority.
The balance (net proceeds) is divided among owners according to their legal interests (for example, tenants in common receive shares equal to their ownership percentages), unless the court orders credits or adjustments.

For the governing statutory framework see the Illinois Code of Civil Procedure partition provisions: 735 ILCS 5/15‑100 et seq..

Step‑by‑step: How you get your share after the sale

Confirm you are a named party or intervenor: Only parties (or intervenors with court-recognized interests) get distribution checks. If you have an ownership interest but were not named, you must intervene promptly.
Wait for court confirmation of the sale: The commissioner’s report and sale usually require a confirmation hearing. The court signs an order confirming the sale and ordering distribution of proceeds after paying costs and liens.
Accounting and credits: The court will account for sale price, sale expenses, taxes, lien payoffs, and any credits (for example, if one co-owner paid the mortgage or major repairs before the sale, the court may award that owner a credit). Make sure the court’s accounting lists all amounts accurately.
Distribution order and payment: After confirmation and accounting, the court directs the clerk (or the party handling funds) to distribute net proceeds. Distribution is typically by check or wire to the parties or their attorneys. Provide up‑to‑date payee and tax information to the clerk or your attorney.
If you don’t receive your money: If the court ordered distribution and you still do not receive your funds, you can ask the court to enforce its order. Common remedies include a motion to compel payment, a turnover order, or a contempt proceeding against a party who refuses to comply. If sale proceeds were not paid by the purchaser, you may need to move to enforce the purchaser’s obligations or for a substituted sale.

Example (hypothetical facts to illustrate)

Three people own a house as tenants in common, each with a one‑third share. The court orders a partition sale and the house sells for $300,000. Sale costs and lien payoffs total $45,000 (commissioner fees, unpaid property taxes, and a mortgage payoff). Net proceeds = $255,000. Each co‑owner’s share = $255,000 ÷ 3 = $85,000, unless the court awards a credit (for example, if one owner paid off the mortgage before sale, the court might reimburse that owner first and then distribute the remainder).

Practical problems and how courts typically resolve them

If a lienholder has recorded a lien, that lien is paid from proceeds before owner distributions.
If a co‑owner buys the property at the partition sale, they may receive a deed but the court still calculates and distributes any remaining net proceeds to the other owners after credits for the buyer’s purchase price and sale costs.
If parties disagree with the accounting, they must object promptly at the confirmation hearing or file post‑confirmation objections under court rules; delays may limit your ability to challenge the sale or accounting.

What you can do right now

Confirm you are a named party in the partition case. If not, ask the court clerk or an attorney about how to intervene.
Get copies of the commissioner’s report, sale closing statement, and the court’s order confirming sale and ordering distribution.
Check the court’s distribution order for the list of amounts paid for liens, taxes, sale costs, and how the remainder is divided. Compare those items to your records.
If you are owed money and the court has ordered distribution, contact the clerk’s office or the party handling funds to confirm the payment method and timing. If payment is delayed, file a motion asking the court to enforce its order.

Key Illinois statute reference

Partition actions and sale procedures are governed by the Illinois Code of Civil Procedure partition provisions (see 735 ILCS 5/15‑100 et seq.).

Important: This summary simplifies many procedural rules and possible complications (liens, priority disputes, credits for payments, purchaser defaults, appeals). Timelines for objections and appeals are short and technically strict.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Illinois law and common steps to receive partition sale proceeds. For help tied to your facts, consult a licensed Illinois attorney.

Helpful Hints

Keep originals and copies of the deed, any written agreements between co‑owners, mortgage payoff statements, proof of repairs or payments you made, tax bills, and any settlement statements from the sale.
If you expect to receive funds, give the court clerk or your attorney accurate payee, address, and tax‑ID information before distribution to avoid delays.
Attend the confirmation hearing or have your attorney there. That hearing is where objections are heard and the court signs the distribution order.
If you have a creditor’s lien, record your lien promptly and consider intervening so the court recognizes your priority in distribution.
Act quickly if you disagree with the accounting. Object at the confirmation hearing or file a timely post‑confirmation motion or appeal (consult an attorney to know exact deadlines).
If the purchaser fails to pay, the court can set deadlines or require deposit of sale proceeds into the court registry. Monitor the sale closing closely.
Consider hiring an Illinois attorney experienced in partition and real estate litigation — they can review the accounting, protect your share, and, if necessary, file motions to enforce distribution.