Detailed Answer — How the distribution works and how to collect your share

This answer explains, in plain language, what typically happens in Delaware when a co-owned house is sold through a partition action and how you can get your share of the net proceeds. This is general information only and not legal advice.

1. What a partition sale is and who controls the proceeds

A partition action asks a court to divide property owned by two or more people who cannot agree. If the court orders a sale rather than physical division, the court (or a court-appointed officer) will sell the property and hold the sale proceeds. The court then orders distribution of the net proceeds — that is, the sale price minus court costs, sale costs, mortgages, liens, taxes, and any other legally required deductions.

Under Delaware practice, distribution follows the court’s decree and applicable property law. You can review Delaware’s statutory framework for property matters at the Delaware Code Title 25 (Property): https://delcode.delaware.gov/title25/. For court procedures and filings, see the Delaware Courts pages (for example, Court of Chancery and Superior Court): Court of Chancery and Superior Court.

2. How the court determines each owner’s share

The court will generally distribute net proceeds according to each owner’s legal interest in the property (for example, 50/50 if two owners share equal title). Before distribution, the court will ensure valid liens (such as mortgages or tax liens) are paid from the sale proceeds. The court may also account for equitable adjustments — for example, one co-owner who paid mortgage payments, property taxes, or made significant improvements may ask the court for credit for those contributions. The court decides whether and how to adjust shares based on the evidence and Delaware law.

3. Steps to obtain your share after the sale

1. Obtain the court order or decree of distribution. After the sale, the court issues a lawfully signed order explaining the calculation and ordering distribution. Get a copy from the clerk’s office of the court that handled the partition.
2. Confirm how much is being held and where. The court, sheriff, or appointed commissioner typically holds sale proceeds in the court registry or deposits them with a designated clerk. The order should identify the amount of net proceeds available for distribution.
3. Verify payments of liens and expenses. Ask for an accounting that shows mortgage payoff amounts, lien satisfactions, sale costs, broker/auctioneer fees, advertising, filing fees, and attorney or commissioner fees. These items come out of the gross sale price before distribution.
4. Establish your ownership share. Confirm your legal interest (deed, recorded title, or court findings). If the court adjusted shares for prior payments or contributions, review the court’s accounting and findings explaining those adjustments.
5. Request disbursement from the clerk or appointed officer. If the court order directs distribution, the clerk or registry releases funds accordingly. If the funds are not released promptly, file a motion asking the court to enforce its order.
6. If another co-owner received funds improperly, enforce the judgment. If someone took funds that belong to you or refuses to turn over your share after the court ordered distribution, you can ask the court to enforce the judgment. Enforcement tools may include a writ of execution, contempt motion, or garnishment. The specific enforcement process depends on where the funds are and how they were transferred.

4. Typical timeline and fees

Time: After sale confirmation, distribution often follows within weeks to a few months depending on lien payoff processing, any appeals, and the court’s schedule. Costs: expect sale-related costs (auction or broker fees), lien payoffs, taxes, court costs, and possibly attorney fees if the parties litigated issues over distribution.

5. Common disputes and how Delaware courts handle them

Common disputes include disagreements over ownership shares, credits for mortgage or tax payments, improvements, unauthorized receipts of funds, or claims by unsecured creditors. Delaware courts consider deeds, payment records, and equitable arguments and may order adjustments or require full accounting before distribution.

6. When to get help from an attorney

If the distribution is straightforward and the clerk follows the court’s order, you may need only to obtain the court order and receive funds. Get a lawyer if:

• There is a dispute about ownership percentage or credits for payments or improvements;
• Someone refuses to comply with the court’s order or has taken funds improperly;
• Complex liens, tax issues, or cross-claims exist;
• You need to protect your rights during the sale process or appeal an unequal distribution.

An attorney can file motion(s) to enforce the court order, request an accounting, resolve disputed credits, and represent you at hearings.

Key Delaware resources

• Delaware Code — Title 25 (Property): https://delcode.delaware.gov/title25/
• Court of Chancery (equity matters in Delaware): https://courts.delaware.gov/chancery/
• Superior Court of Delaware (civil litigation): https://courts.delaware.gov/superior/

Final practical checklist

1. Get a certified copy of the court’s decree of sale and distribution.
2. Verify the net proceeds amount and the place where funds are held.
3. Confirm lien payoffs and deductions in the accounting.
4. Confirm the legal basis for your ownership percentage or any credits.
5. Request release from the court clerk or file a motion to enforce distribution if funds are withheld.
6. Consider counsel if disputes, enforcement, or complex liens arise.

Helpful Hints

• Bring or obtain original documents: deed, title report, mortgage and payoff statements, property tax receipts, receipts for major repairs or improvements, and the court’s sale order.
• Keep clear records of any money you paid for the property (mortgage, taxes, insurance, or improvements). Courts may credit these if equitable adjustments are contested.
• Request a written accounting from the clerk or commissioner showing gross sale price, all deductions, and the net amount available for distribution.
• If the court ordered distribution but funds are not released, contact the court clerk first, then consider filing a short motion to compel disbursement.
• Watch deadlines — if you plan to appeal distribution or assert cross-claims, act quickly. Courts set short deadlines for post-sale challenges.
• Consider mediation before or during partition litigation. Mediation can speed distribution and save fees.
• Ask whether the court will pay interest on funds held in its registry; some jurisdictions credit interest, which affects final distribution.
• When dealing with mortgage payoffs, confirm exact payoff figures with the lender and get lien releases recorded promptly to clear title.