Question about court ordered house auctions?

How does the court decide how money will be divided after a co-owned house is sold by auction? Does the lawyer of the buyer have the right to put the money in an account until the last tenant agrees to pay outstanding bills. Or..should all the money go to the court, and let the judge decide?


Answer:
That depends upon the reason for the sale. In a typical foreclosure action any excess over the mortgage and court costs will be placed in the court registry and the former owners will have to submit a petition or motion to have a registry check issued to them. It will be a joint check unless the court specifies otherwise & it will only do that if the owners agree or there were some claims between them that were litigated and decided by the court. In partition actions, or cases where there are 'cross-claims' between the defendants, the court will have decided the percentage or actual sums due each party & the registry checks will be so issued.
When you buy a house any money owed against it must be paid so that you have a clear title/deed to the property. If those bills are not paid by the seller, the buyer may become liable for them later.
The amount of the sale should be divided equally among the owners unless there is a written agreement stating differently.