Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
What Is a Partition Action?
Under Kansas law, a partition action allows co-owners to divide or sell commonly held real property when they cannot agree on its use or disposition. By filing a lawsuit in district court, any co-owner can force a physical division (partition in kind) or sale of the property and a distribution of proceeds. (See K.S.A. 60-1001.)
Filing Requirements and Procedure
One co-owner (the “plaintiff”) files a petition in the county where the property lies. The petition must name all known co-owners, describe the property, and state each owner’s interest. After service of process, each co-owner can respond or assert liens or claims. (See K.S.A. 60-1002.)
Partition in Kind vs. Partition by Sale
The court evaluates whether it can fairly divide the property among owners (“partition in kind”). If physical division proves impractical or inequitable, the court orders a sale and divides the net proceeds. (Refer to K.S.A. 60-1006.)
The Role of Appointed Commissioners
When a physical partition or sale occurs, the court appoints three commissioners. These neutral parties inspect the land, conduct hearings, and prepare a report recommending how to divide or sell the property. Parties can object, and the court reviews their report before issuing a final order. (See K.S.A. 60-1005.)
Distribution of Sale Proceeds
If the court orders a sale, it distributes proceeds according to each owner’s share and after paying liens, expenses, and costs. Owners with larger interests receive a proportional share. (See K.S.A. 60-1004.)
Helpful Hints
- Review ownership documents (deeds, titles) before filing.
- Consider mediation to avoid court costs and delays.
- Expect the process to take several months, depending on court schedules.
- Gather financial records for liens, taxes and expenses ahead of time.
- Consult a real estate attorney experienced in partition actions early in the process.