Detailed answer

When co-owners cannot agree on possession or disposition of real property, one co-owner may file a partition action in Connecticut. The court may order a partition in kind (physically divide the land) or a partition by sale (sell the property and divide the money). This answer focuses on what happens after the court orders a sale: how the sale proceeds are calculated and divided.

Governing law

Partition actions in Connecticut are governed by the Connecticut General Statutes (see Conn. Gen. Stat. § 52-495 et seq.). For the current statutes, see the Connecticut General Assembly statute pages: https://www.cga.ct.gov/current/.

Basic rule: division according to ownership shares

After sale, net proceeds (the sale price minus allowable deductions) are generally divided among the co-owners according to their ownership interests. If owners hold property as tenants in common, each owner receives the share that matches their fractional ownership (for example, 60% and 40%). If ownership is joint tenancy with right of survivorship, the surviving joint tenant may have different rights — but joint tenants may also seek partition.

Allowable deductions and priority claims

The court will subtract certain items from the gross sale price before dividing what remains. Typical deductions include:

• Payments that clear valid liens and mortgages on the property. Mortgages and other valid secured liens are paid from sale proceeds according to priority.
• Real estate commissions, advertising costs, and ordinary closing costs associated with selling the property.
• Property taxes, assessments, and municipal liens that are due and payable at closing.
• Court-ordered costs of the partition proceeding (e.g., appraiser or commissioner fees), and any reasonable attorney fees awarded by the court.

Court credits and adjustments between co-owners

The court can adjust each co-owner’s share to account for payments or contributions that one co-owner made on behalf of the property. Examples include:

• One co-owner paid mortgage payments, property taxes, or insurance: the court may reimburse that co-owner from the proceeds or give them credit before dividing the remainder.
• One co-owner made substantial, documented improvements that increased the property value: the court may award that co-owner a credit or seek an equitable adjustment.
• One co-owner caused waste or damage: the court may reduce that owner’s share to compensate others.

Credits and adjustments require evidence (bank records, receipts, invoices, mortgage statements). The court has broad equitable power to make fair adjustments among co-owners.

Procedure: how distribution typically works

1. Sale price is determined by sale process overseen by the court (often via a commissioner or judicial sale).
2. From the gross sale proceeds the court or closing agent pays valid liens (mortgages, tax liens) and sale expenses (commissions, closing costs).
3. The court then considers claims between co-owners (credits for mortgage/tax payments, improvements, waste). If necessary, the court holds hearings and reviews documentation.
4. After making any equitable adjustments, the court issues an order distributing the remaining net proceeds to each co-owner according to the final percentages or amounts determined by the court.

Example calculation (hypothetical)

Facts (hypothetical): Two tenants in common, A (60%) and B (40%). Property sells for $300,000. Mortgage balance $100,000. Realtor commission and closing costs $23,000. Taxes/assessments due $2,000. A has documented $15,000 of improvements; B paid nothing.

Steps:

• Gross sale price: $300,000
• Pay mortgage: -$100,000 → $200,000 remaining
• Pay commissions/closing: -$23,000 → $177,000 remaining
• Pay taxes: -$2,000 → $175,000 remaining
• Court awards credit to A for improvements: -$15,000 (reimbursed to A) → $160,000 remaining
• Divide remainder by ownership share: A (60%) gets $96,000; B (40%) gets $64,000
• Total to A = $96,000 + $15,000 credit already paid = $111,000; Total to B = $64,000

This example simplifies many real-world complexities, but it shows the order: pay liens/expenses, resolve credits, then divide the balance by ownership shares.

Common complications

• Disputes about the size or necessity of improvements. The court weighs proof and reasonableness.
• One co-owner claims reimbursement for mortgage payments but lacks documentation. Without records, reimbursement is harder to obtain.
• Priority liens (e.g., tax liens) may consume most proceeds, leaving little for co-owners.
• The court can award attorney’s fees in limited circumstances; fees may reduce distributable proceeds.

Practical takeaway

In Connecticut, sale proceeds after a partition sale are distributed after the court (or sale process) pays valid liens and sale expenses and after the court resolves any equitable credits between co-owners. The final split usually reflects each owner’s legal share, adjusted by credits, reimbursements, and court-ordered equitable adjustments.

Statute reference: Partition actions are governed by Conn. Gen. Stat. § 52-495 et seq.; see the Connecticut General Assembly statutes at https://www.cga.ct.gov/current/ for the current text.

Disclaimer: I am not a lawyer. This is general information and not legal advice. For advice about a specific situation, consult a Connecticut attorney experienced in real estate and partition actions.

Helpful Hints

• Collect and bring documentation: deed, title report, mortgage statements, tax bills, receipts for repairs/improvements, insurance and payment records.
• Know your form of ownership (tenancy in common vs. joint tenancy). That affects how shares are treated and whether someone has survivorship rights.
• Ask the court to order an accounting of payments and credits early, and request appointment of a commissioner or appraiser if needed.
• Consider negotiating a buyout before sale. A buyout can avoid sale costs and preserve value for both parties.
• Keep detailed records of any payments you make for the property after co-ownership begins. Lots of small receipts can add up to meaningful credits at distribution time.
• If mortgages or liens exist, get current payoff figures before settlement so you can estimate what will actually be distributable.
• Consider mediation or settlement conferences early to reduce litigation costs; courts often encourage resolution between co-owners.
• Consult a Connecticut real estate/partition attorney to protect your rights and present evidence of contributions or losses clearly to the court.