Detailed Answer: How to get your share of the net proceeds after a partition sale in Rhode Island

Short answer: After a Rhode Island court orders a partition sale, the court (or a court-appointed commissioner) sells the property, pays liens and costs from the sale proceeds, and distributes the remaining (net) proceeds to co-owners according to the court’s judgement about ownership shares and lien priorities. To receive your share you must (1) prove your ownership interest, (2) request and obtain a court order or clerk’s disbursement directing payment to you, and (3) comply with any tax or closing documentation requirements. If other parties dispute the distribution, you may need to file motions or appeal.

How partition sales work in Rhode Island (overview)

In Rhode Island, partition actions are handled in the courts under statutes governing partition of real property. A partition action asks the court either to physically divide the property among co-owners (partition in kind) or to sell the property and divide the proceeds (partition by sale). When sale is ordered, the court supervises the sale process and the distribution of proceeds.

Relevant Rhode Island statutory authority for partition is in the state code (see Chapter on Partition of Real Estate): R.I. Gen. Laws, Chapter 34-7 (Partition of Real Estate).

Step-by-step: Getting your share of the net proceeds

Confirm the case status and the judgment. Find the partition judgment or order in the court file (usually the Superior Court). The judgment will state who owns what share, whether the court ordered sale, and the method to distribute proceeds.
Make sure you are on the record as an entitled party. The court’s distribution goes to parties who are named in the action (owners, lienholders). If you are an owner but were not named or properly served, ask the court to add you as a party or reopen the distribution process before funds are disbursed.
Get documentation ready. Typical documents the court or the clerk will require before paying you include a government ID, a certified copy of a deed showing your interest (or court order finding your interest), a W-9 (for tax reporting if required), and any releases for liens you hold or that affect your share.
Watch where the sale proceeds are held. Proceeds from a court-ordered sale are often paid into the court registry or to a court-appointed commissioner/escrow agent. The court will issue an order directing how those funds are applied: paying mortgages, liens, taxes, sale costs, and then distributing net proceeds.
Confirm lien payoff and priority. Liens (mortgages, tax liens, mechanic’s liens) have priority and are paid from sale proceeds according to law. Your share is net of those payoffs. If you hold a lien, the court will apply proceeds to satisfy it according to priority rules; if you are an unsecured co-owner, you receive whatever remains after lienholders and costs are paid.
Request the distribution. If the court’s order calls for a distribution but funds remain in the registry or with the commissioner, file a short motion or a notice of distribution (or ask the clerk) requesting disbursement in your favor consistent with the judgment. Attach any documents the clerk needs (ID, accounting, instructions for check or wire transfer).
Handle objections or disputes promptly. If another party objects to your share (claims a larger interest, a lien, or an error), the court may hold a hearing. You may need to produce title documents, deeds, receipts for improvements, or other proof of contribution or ownership to protect your share.
If the court fails to pay what it ordered, enforce the judgment. A court’s money judgment can be enforced (e.g., renewed or enforced through execution). Ask the clerk about enforcement procedures, or file a motion for contempt or other enforcement remedy if necessary.

Common practical points and timelines

Partition actions and sales often take months. Expect time for appraisal, sale marketing, closing, lien payoff, and court accounting.
The commissioner or sheriff who conducts the sale prepares an accounting of receipts, lien payoffs, and costs. Review that accounting carefully and object quickly if you see errors.
The clerk or commissioner will usually distribute by check or wire to the parties or to their attorneys based on the court’s distribution order. Provide clear disbursement instructions early.

What to do if you disagree with the distribution

If you believe the net proceeds distribution is incorrect:

Request a copy of the closing accounting and receipts.
File a timely objection or motion with the court asking for correction or clarification.
If a co-owner asserts a lien or claim that you dispute, ask the court to adjudicate the claim as part of the partition action (the court can determine priorities and ownership percentages).
In limited circumstances you may appeal the court’s distribution order—note strict deadlines for appeals in Rhode Island.

Tax and reporting notes

Proceeds from a real estate sale can have tax consequences (capital gains, basis adjustments). The party that closes the sale typically receives a Form 1099-S or other reporting documents. Provide a W-9 when requested so the correct taxpayer information goes to the IRS.
Consult a tax professional about whether the distribution triggers taxable gain on your portion and how to report it.

When to involve an attorney

Consider hiring an attorney if any of the following apply:

There are competing claims, liens, or unclear title issues.
You were not named or properly served in the partition action but you claim an interest.
The accounting or distribution appears wrong and a dispute may lead to hearings or complex litigation.
You need help enforcing a court-ordered distribution.

Helpful links

R.I. General Laws, Chapter on Partition of Real Estate: https://webserver.rilin.state.ri.us/Statutes/TITLE34/34-7/INDEX.HTM
Rhode Island Judiciary — Superior Court information (for filings and procedures): https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx

Helpful Hints

Keep a copy of the recorded deed, mortgage statements, and any written agreements among co-owners. These documents control ownership percentages and priorities.
Ask the court clerk how funds will be paid (check vs. wire) and what identification or tax forms you must present before disbursement.
Get a title report before distribution (if possible) so lien payoffs match the title company’s payoff statement.
Object early if you see calculation or accounting errors — courts often treat late objections less favorably.
Keep in mind that sale costs (broker’s fees, advertising, commissioner fees, recording fees, and court costs) reduce the amount available for distribution.
Consult a tax advisor about capital gains, basis, and reporting requirements when you receive your share.
If you are owed funds and the court has issued a distribution order, follow the court’s procedure for enforcement promptly; delays can limit remedies.

Disclaimer: This article explains general Rhode Island procedures for partition sales and distributing net proceeds. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Rhode Island attorney.