Short disclaimer: I am not a lawyer. This article provides general information about Kansas law and does not constitute legal advice. For advice about your specific situation, consult a licensed Kansas attorney.

Detailed answer — How a partition action works in Kansas

If you inherited an interest in family land in Kansas and co-owners will not agree to a sale or buyout, you can force a division or sale through a court action called a partition. Kansas law allows co-owners to seek partition by filing a civil action in the district court where the land is located (see K.S.A. 60-1001 et seq.). The court can order a physical division of the property (partition in kind) when it is practical, or a sale and division of proceeds when a fair in-kind division is not feasible.

Step-by-step process

1. Confirm your ownership and capacity to sue. Gather the deed, probate documents (if the interest came through a will or intestacy), death certificate, and any documents showing your percentage interest. If the decedent’s estate has an unresolved probate, you may need the personal representative included as a party or to ensure the estate’s interest is properly represented.
2. Try to resolve the matter outside court first. Offer to sell your share, request a buyout, or seek mediation. Courts often expect co-owners to attempt settlement before involving the court, and settlement saves cost and time.
3. Prepare and file a petition for partition. File in the district court of the county where the land sits. The petition should identify the property by legal description, state each claimant’s interest, name all co-owners and any persons or entities with recorded liens or other interests (mortgagees, judgment lien holders, heirs, devisees), and ask the court to partition the land or order sale. See the statutory framework for partition actions (K.S.A. 60-1001 et seq.).
4. Serve all required parties. Kansas rules require that all co-owners and anyone with an interest in the property be served. If parties are unknown or not readily located, the court may allow substituted service or service by publication under applicable Kansas civil procedure rules.
5. Court investigation and possible appointment of commissioners. If the court proceeds, it will consider whether partition in kind is practicable. The judge commonly appoints commissioners (or referees) to survey, appraise, and recommend division or sale. The commissioners report back to the court with findings and recommendations.
6. Partition in kind or sale. If the property can be fairly divided without significant injury to the owners, the court may order partition in kind and direct conveyances reflecting each party’s share. If division would be impractical or cause substantial harm to the property value (for example, a single-family home or a parcel that cannot be divided by legal description without creating unusable remnants), the court typically orders sale at public auction or private sale under court supervision and directs distribution of sale proceeds according to ownership and recorded priorities.
7. Payment of liens, costs, and distribution. Proceeds from a court-ordered sale pay valid liens (mortgages, tax liens) and costs of the action (appraisals, advertising, commissioners’ fees). After claims are satisfied, the remainder divides among owners according to their ownership shares.
8. Final decree. The court enters a final decree confirming the sale or division, authorizing deeds to purchasers or new deeds reflecting adjusted ownership, and directing distribution of funds.

Key Kansas statutes and where to look

The partition process in Kansas is governed by statutes found in the civil procedure chapter. See the partition statutes (K.S.A. 60-1001 et seq.) for the statutory authority on petition requirements, appointment of commissioners, sale procedures, and distribution. You can review Kansas statutory texts through the Office of the Revisor of Statutes:

• Kansas Statutes Chapter 60 (Civil Procedure) — see the partition section (60-1001 et seq.).

Common practical issues

• If your inherited interest came via probate, confirm the estate’s final distribution. An unresolved estate can complicate who should be named and served in the partition action.
• Mortgages and liens travel with the property. Lienholders should be named so the court can decide how proceeds will satisfy encumbrances.
• Minor co-owners or incapacitated persons require special procedures (guardians, next friend, or guardian ad litem) to protect their interests.
• Title defects or competing claims (adverse possession, conflicting deeds) may require parallel or follow-up quiet-title litigation or additional pleadings.

Helpful Hints

• Collect documents: deed, last will and testament, probate papers, mortgage statements, property tax records, and any written agreements among co-owners.
• Get a current appraisal or at least a broker price opinion to understand the property’s market value before filing.
• Communicate early with co-owners. A mediated buyout may avoid court costs and attorney fees.
• Identify all parties with recorded interests: mortgages, mechanic’s liens, judgment liens, and any unsecured claims that might affect distribution.
• If you expect a contested or complex partition (e.g., multiple heirs, disputed boundaries, or environmental issues), hire a Kansas real property attorney experienced in partition and probate matters.
• Be prepared for cost. Partition actions involve filing fees, service costs, appraisal and surveying fees, and possibly attorney fees. Courts typically allocate costs and may charge them against the proceeds of sale.
• Consider timing and taxes. A sale can generate capital gains or affect estate tax issues. Speak to a tax advisor about potential tax consequences of a sale.
• If the property’s condition makes in-kind division impractical (single home, small lot, unusual shape), be realistic that sale is likely and plan accordingly.