ยง 961. Disposition of proceeds of sale. The proceeds of a sale, after
deducting the costs and expenses chargeable against them shall be
immediately awarded as directed by the final judgment, to the parties
whose rights and interests have been sold, in proportion thereto. The
sum chargeable upon any share to satisfy a lien thereon shall be paid to
the creditor, or retained, subject to the order of the court; and the
remainder except as otherwise prescribed in this article, shall be paid
by the officer making the sale, to the party owning the share or his
legal representatives or into court for his use. The proceedings to
ascertain and settle the liens upon an undivided share shall not affect
any other party to the action or delay the paying over or investing of
money to or for the benefit of any other party upon whose share or
interest in the property there does not appear to be any existing lien.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 9 - Action for Partition
907 - Trial of Title or Interest.
913 - Inquiry as to Creditors.
916 - Interlocutory Judgment Directing Partial Partition.
917 - Interlocutory Judgment Directing Partition in Common.
918 - Interlocutory Judgment Directing Sale or Exception of Lien or Dower Interest.
919 - Interlocutory Judgment Directing Credit on Sale.
922 - Meeting of Commissioners; Report of Actual Partition; Confirming or Setting Aside Report.
923 - Security for Credit on Sale.
925 - Report of Sale; Confirmation.
927 - Contents of Judgment After Actual Partition.
928 - Effect of Judgment After Actual Partition.
929 - Lien of Creditor Upon Share Partitioned.
931 - Contents of Judgment After Sale.
933 - Effect of Judgment After Sale.
941 - Judgment as to Parties Having Interest in Entire Property.
943 - Judgment Directing Compensation to Equalize Partition.
945 - Judgment Adjusting Rents and Profits.
947 - Judgment Affecting State Tax Claim.
961 - Disposition of Proceeds of Sale.
962 - Payment of Proceeds Into Court Where There Are Liens.
963 - Payment of Proceeds Out of Court Where There Are Liens.
964 - Payment of Proceeds Into Court in Cases Involving Decedent's Property.
965 - Payment of Proceeds Out of Court in Cases Involving Decedent's Property.
966 - Payment of Proceeds Directly to Parties in Cases Involving Decedent's Property.
967 - Payment of Proceeds to Owner of Particular or Future Estate.
968 - Manner of Payment of Proceeds to Owner of Particular or Future Estate.
969 - Shares of Infant, Incompetent or Conservatee.
970 - Shares of Unknown or Absent Owner.
973 - Report of Disposition of Proceeds.
991 - Proceeding for Share of Unknown Heirs; Presumption of Death; Service.