Detailed Answer

Short answer: After a court-ordered partition sale of a co-owned house in New Jersey, you get your share of the net proceeds when the court (or the court’s appointed officer) calculates the sale’s net proceeds, applies liens and sale costs, and issues a distribution order. To receive payment you must establish your ownership share, resolve competing liens or claims, and follow the court’s distribution procedure (usually by filing a proposed distribution or submitting required paperwork so the clerk or sheriff can cut a check or wire funds).

How partition sales work in New Jersey (plain language)

When co-owners cannot agree to sell or divide real property, one co-owner can ask the court for a partition action. If physical division is impossible or impractical, the court orders a sale and directs how sale proceeds are handled. From the gross sale price the court (or the party handling the sale) pays:

mortgages and recorded liens with legal priority,
taxes and municipal charges that are liens,
reasonable costs of sale (broker, auctioneer, advertising),
court costs and any fees for a referee, master, sheriff, or other officer handling the sale, and
attorney fees only if allowed by agreement or by court order.

What remains is the net proceeds. The court (or the court-appointed distribution officer) then divides those net proceeds among the parties according to their legal ownership interests (for example, the percentages shown in the deed if you are tenants in common) or pursuant to the court’s equitable distribution if the court finds a different division appropriate.

Typical steps to get your share of net proceeds

Confirm the court entered a sale and distribution order. The partition judgment or subsequent distribution order will set out who receives proceeds and when.
Obtain a copy of the closing or sale accounting. That document shows gross sale price, amounts paid to mortgagees, lien holders, taxes, sale costs, and net proceeds.
Make sure the court’s accounting lists you by name and indicates your ownership percentage or share. If it does not, provide documentation (deed, recorded instrument, written agreement, or court order establishing your ownership percentage).
Submit any paperwork the court clerk or sheriff requires to receive funds. This typically includes proof of identity, mailing instructions or bank details for a wire, and sometimes a completed W-9 (for tax reporting) and a signed receipt form.
If the court has already entered a distribution order, wait for the clerk or sheriff to issue a check or wire the funds according to that order. If funds were deposited with the court, you may need a court order authorizing distribution to you specifically.
If there are competing claims (liens, unpaid judgments, or other co-owners contesting distribution), you may have to file a motion asking the court to resolve the dispute and enter a specific distribution order naming the payees and amounts.

Ownership type matters

How you are paid depends on the form of ownership:

Tenants in common: Each owner’s share normally equals the fractional interest shown in the deed (for example, 50/50 or 60/40) unless the court finds evidence a different split is fair.
Joint tenants with right of survivorship: If one co-owner died before the sale, survivorship rules could affect entitlement; the executor or surviving joint tenant status will control whether you receive proceeds.
Owners by agreement: A written agreement allocating proceeds will usually be honored by the court if it is valid and enforceable.

Liens, priority and reductions you should expect

The net amount available for distribution is reduced by:

first: mortgages and other recorded liens in priority order;
second: property taxes and municipal liens;
third: sale costs (commissions, advertising, appraisal) and court-ordered costs;
finally: any attorney fees or other sums if the court orders them paid from proceeds.

If a lien survives the sale (rare in a properly conducted court sale), the lienholder has the right to assert the lien against the distributed proceeds; often the clerk will hold funds while lien priority is determined.

If distribution is delayed or you are not paid

Common reasons for delay: unresolved lien claims, objections by co-owners, missing paperwork (W-9, ID), or a requirement that the court hold funds pending appeal or resolution of related litigation. Remedies include:

filing a motion in the partition case asking the court to enter a specific distribution order,
asking the clerk for specific instructions and providing requested documentation,
if another party is holding funds improperly, filing a motion to enforce the court’s distribution order or a motion for contempt, and
if needed, filing an appeal from an adverse distribution order (note tight deadlines).

Where to look for New Jersey procedural and self-help resources

New Jersey courts publish self-help materials and have information about civil procedures and filing forms. For general guidance and to find the local court that handled the partition, start at the New Jersey Courts self-help pages: https://www.njcourts.gov/selfhelp. For legislative resources and statute searches, use the New Jersey Legislature website: https://www.njleg.state.nj.us.

When to consult an attorney

Consider speaking with a New Jersey real estate litigator or property law attorney if:

there are competing lien or title claims,
the ownership share is disputed,
co-owners refuse to provide necessary documents or obstruct distribution, or
funds are being held for unclear reasons or the distribution accounting looks incorrect.

Practical example (hypothetical)

Suppose three owners—A (50%), B (30%), and C (20%)—own a New Jersey house as tenants in common. The court orders a partition sale and the house sells for $300,000. Payoffs and costs total $60,000 (mortgage payoff, sale costs, taxes). Net proceeds are $240,000. Unless the court orders otherwise, A would receive $120,000, B $72,000, and C $48,000. The clerk or sheriff issues payment after the court’s distribution order; each owner must provide any requested tax or identity paperwork to receive their funds.

Key statutes and resources (New Jersey)

Partition actions and distribution of proceeds are governed by New Jersey court procedure and state law. For rules, filings, and local procedures, consult the New Jersey Courts site: https://www.njcourts.gov. For statute text and legislative materials, use the New Jersey Legislature’s site: https://www.njleg.state.nj.us.

Disclaimer

This information is educational only and not legal advice. It explains common New Jersey procedures and potential steps but does not replace personalized legal advice. Consult a licensed New Jersey attorney about your specific situation.

Helpful Hints

Keep certified copies of the deed, partition judgment, and sale accounting—you will need them to prove your right to funds.
Ask the court clerk or the attorney handling the sale what documents (ID, W-9, affidavit of entitlement, bank details) are required to receive your share.
Confirm lien payoff amounts before distribution—if a lienholder later proves a valid unpaid lien, the court may recall distributed funds.
If you disagree with the accounting, file a timely objection or motion in the partition case; do not accept unilateral distributions without a court order you agree is correct.
If funds are wired, make sure the payee information is correct and that you receive a written receipt or court entry showing distribution.
Preserve deadlines: appeals and post-judgment motions have strict timelines in New Jersey courts.
When in doubt about complex lien priority, offsets, or tax consequences, consult a New Jersey attorney or qualified tax professional.