(a) On any complaint for the sale of real or personal property, the court in which the case is pending may make any order necessary to protect the rights of all parties in interest and to carry the sale into effect.
(b) On any such complaint, the court may appoint a committee to make the sale, who shall pay into court the proceeds therefrom. The proceeds from the sale, after deducting such reasonable costs and expenses as the court directs, shall be distributed by order of court among all persons interested in the property, in proportion to their interests.
(c) If the names or residences of any of the parties entitled to share in the fund are unknown to the court and cannot be ascertained, it shall make such order relative to the custody or investment of the share of the unknown parties as it deems reasonable.
(1949 Rev., S. 8238; P.A. 82-160, S. 192.)
History: P.A. 82-160 replaced “estate” with “property”, rephrased the section and inserted Subsec. indicators.
Court should distribute fund on equitable principles; sale subject to mortgage. 74 C. 16. Sale where holder of recorded, unexpired option to purchase interest of one joint owner is made codefendant. 97 C. 517. Cited. 134 C. 177; 157 C. 593; 189 C. 490; 224 C. 219.
Cited. 5 CA 142; 10 CA 198; 17 CA 4; 23 CA 129; 26 CA 149.
Cited. 14 CS 170; 19 CS 421; 29 CS 465.
Subsec. (b):
Court did not abuse its discretion in enforcing foreign domesticated judgment in distribution of partition proceeds without judgment creditor bringing a postjudgment action to enforce such judgment. 86 CA 617.
Notes of Decisions
Cited in
10
cases, 1968–2008 · leading case:
Hackett v. Hackett, 598 A.2d 1103 (Conn. App. Ct. 1991).
Hackett v. Hackett, 598 A.2d 1103 (Conn. App. Ct. 1991).
· cites it 4× “This is an appeal by the named defendant 1 from a supplemental judgment of distribution in an action for partition by sale of real estate, rendered pursuant to General Statutes § 52-502 (b), 2 in which the trial court ordered that the plaintiff be compensated out of the proceeds…”
Varley v. Varley, 457 A.2d 1065 (Conn. 1983).
· cites it 2× “6 See General Statutes § 52-502. 7 See General Statutes § 4-33.”
Geib v. McKinney, 617 A.2d 1377 (Conn. 1992).
· cites it 2× “General Statutes § 52-502 (a) permits the court in a partition action “to make any order necessary to protect the rights of all parties in interest and to carry the sale into effect.”
Segal v. Segal, 863 A.2d 221 (Conn. App. Ct. 2004).
· cites it 10× “) Relying on this statute, the trial court held that, because the partition proceeds already were in the custody of the court, the former wife had no further obligation to bring a postjudgment action to enforce her domesticated judgment.”
DiCerto v. Jones, 947 A.2d 409 (Conn. App. Ct. 2008).
· cites it 2× “General Statutes § 52-502 (b) provides in relevant part that the proceeds of a partition sale shall be distributed by order of court among all persons interested in the property, in proportion to their interests.”
Wilcox v. Willard Shopping Ctr. Assocs., 579 A.2d 130 (Conn. App. Ct. 1990).
· cites it 2× “Here, the court’s general equitable powers were supplemented by General Statutes § 52-502 (a) which provides in part that “the court .”
Land Enter., Inc. v. Dorman, 549 A.2d 672 (Conn. App. Ct. 1988).
· cites it 2× “General Statutes § 52-495 provides for partition of property, owned by more than one person, by “[c]ourts having jurisdiction of actions for equitable relief”; General Statutes § 52-500 (a) provides for the sale of such property pursuant to “[ajny court of equitable…”
Jefferson v. Karpowicz, 522 A.2d 322 (Conn. App. Ct. 1987).
· cites it 4× “General Statutes § 52-502 authorizes the trial court to make necessary orders to protect parties and effectuate sales.”
Wu v. Moody, 497 A.2d 89 (Conn. App. Ct. 1985).
· cites it 8× “Thus, whether the court formally called its decision a prejudgment remedy, or an order pursuant to General Statutes § 52-502, the order amounted, nonetheless, to a prejudgment remedy.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.