How to File a Partition Action in Kansas to Divide Inherited Property

Disclaimer: This is educational information only and not legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed Kansas attorney.

Detailed Answer

If you inherited real property with one or more co-owners and a co-owner refuses to cooperate, Kansas law allows a co-owner to ask the court to divide (partition) the property. The court can either divide the property physically (partition in kind) when feasible or order the property sold and the proceeds divided among the owners (partition by sale). Below are the practical steps and legal concepts you need to know to pursue a partition action in Kansas.

1. Confirm ownership and the nature of co-ownership

Locate the deed, will, probate orders, or intestacy records that show who owns the property and how title is held (tenancy in common vs. joint tenancy). Tenancy in common is the usual form for inherited property and permits partition suits by any co-owner.
Get certified copies of the death certificate and any probate court orders if the property passed through probate.

2. Try to resolve the issue without court

Send a written demand that explains your intent to seek partition and proposes options (buyout offer, sale by agreement, mediated division). Keep records of communications.
Consider mediation or a neutral valuation before filing. Courts often view attempts at settlement favorably.

3. Prepare to file a partition complaint in Kansas district court

Venue: File in the district court where the property is located.
Parties: Name all record owners and anyone with an interest (e.g., lienholders, mortgagees). Proper service on every party is required.
Relief requested: Ask the court for partition in kind if the property can be fairly divided; if not, request partition by sale. Ask the court to appoint a commissioner or referee to carry out division or sale.
Include factual support: chain of title, property description (legal description), current deeds, and any agreements among owners.

4. Service and response

Have the summons and complaint served on all co-owners and recorded lienholders following Kansas service rules.
If a co-owner fails to respond, you may obtain a default judgment, but the court still exercises discretion on partition method and relief.

5. Court procedures and evidence

The court may order appraisals to determine fair market value and whether a partition in kind is practical.
Evidence to gather: deeds, probate orders, tax records, mortgage statements, insurance, lease agreements (if tenants exist), expense records, and any prior property surveys.
The court can consider liens, mortgages, and any unequal contributions to warrant monetary adjustments among owners.

6. Common orders the court can enter

Appointment of a commissioner/referee to physically divide or sell the property.
Order partition in kind (divide the land) when division is fair and practical.
Order partition by sale and direct how the sale proceeds are distributed after paying liens, costs, and adjustments.
Order accounting for rents, profits, or expenses and determine credits or charges between co-owners (for example, one co-owner paying mortgage or taxes).
Issue temporary orders (injunctions, appointment of a receiver) to preserve the property or income pending final resolution.

7. After the court’s decision

If the court orders partition in kind, follow the commissioner’s process to re-survey and transfer separate parcels to owners.
If the court orders sale, the property will be sold (private sale or public auction) and proceeds distributed per the court’s accounting.
There may be costs, attorneys’ fees, or credits ordered against specific owners depending on conduct or agreements.

8. Timing and costs

A contested partition action can take months to over a year depending on complexity, required appraisals, and whether appeals occur.
Expect court filing fees, service costs, commissioner or appraisal fees, and attorneys’ fees. The court may allocate costs among parties.

9. Special issues to watch for

Mortgages and liens remain attached to the property; the court will address priority and payment from sale proceeds.
Homestead claims, bankruptcy filings by a co-owner, or pending probate complications can delay or change relief.
If one owner contributed significantly (improvements, mortgage payments), the court may compensate that owner in the division of proceeds.

10. Where to find Kansas law and local procedures

Kansas statutes and court rules that affect partition proceedings and civil procedure are available from the Kansas Revisor of Statutes and the Kansas Judicial Branch. You can start here:

Helpful Hints

Collect documents before you file: current deed(s), death certificate(s), probate filings, mortgage statements, tax bills, insurance papers, and any written agreements among the owners.
Get a professional appraisal early to support your request for partition by sale or to help determine practicability of partition in kind.
Keep a written record of every attempt to negotiate — courts view demonstrated attempts at settlement positively.
Consider a buyout offer: sometimes buying out the non-cooperative owner is faster and less expensive than litigation.
If the property produces rental income, ask the court to account for rents and expenses so you do not absorb costs while litigation continues.
Talk to a Kansas real property attorney to review your documents and advise on strategy and likely costs. Many attorneys offer a brief initial consultation.
If you cannot afford private counsel, check for legal aid organizations or courthouse self-help resources for guidance on filing forms and procedure.