Detailed Answer

Short answer: Under Kansas law, if a co-owner refuses to agree to divide or sell real property, you can ask the district court in the county where the land is located to force a partition. The usual steps are: try written demand and negotiation (or mediation); prepare and file a petition for partition in district court; serve the other co-owner(s); attend hearings; and obtain either a partition in kind (rare for small parcels) or a court-ordered sale with distribution of proceeds after liens and costs.

What a partition action does

A partition action asks the court to divide jointly owned real estate among the co-owners (partition in kind) or, if division is impractical, to order the property sold and the sale proceeds divided among the owners (partition by sale). Partition enforces the legal right of each co-owner to a fair share of the property’s value when voluntary agreement is impossible.

Where to file

File the partition lawsuit in the District Court of the Kansas county where the property sits. The district court handles real property partition claims in Kansas. For general statutory guidance and codes, see the Kansas statutes and court resources: Kansas Statutes (Revisor of Statutes) and Kansas Judicial Branch.

Step-by-step process to start a partition action in Kansas

Gather documents and confirm ownership. Collect the deed(s), mortgage information, title report (if any), tax bills, homeowner association obligations, leases, and any written agreements among owners. Confirm each person’s claimed ownership interest.
Demand partition and try to resolve. Before suing, send a written demand to the other co-owner(s) stating you request partition or a buyout and giving a short deadline to respond (e.g., 30 days). Keep a copy. Courts often look favorably on parties who attempted reasonable negotiation or mediation first.
Consider alternatives. A buyout (one owner purchases the others’ shares), voluntary sale, or mediation can avoid litigation costs. If negotiations fail, proceed to filing.
Prepare the Petition for Partition. The petition (complaint) identifies the property, describes each owner’s interest, explains why partition is needed (refusal to agree, holdout, or deadlock), and asks the court to decree partition in kind or sale and order a division of proceeds. You must name as defendants all persons with an interest in the property (including mortgage holders or lien claimants).
File the Petition and pay filing fees. File in the district court where the property is located. Filing fees vary by county. The court clerk can give exact fee amounts and local filing rules.
Serve the defendants. Legally serve the co-owner(s) and any lienholders with the summons and petition according to Kansas service rules. If a defendant cannot be found, the court may allow service by publication after you show due diligence.
Preliminary relief (if needed). If you need immediate protection (to stop a co-owner from wasting property, removing fixtures, or to collect rents), you can ask the court for temporary relief such as an injunction, appointment of a receiver, or an order preserving the status quo while the case proceeds.
Discovery and valuation. Parties may exchange information, request documents, and obtain appraisals. The court may order a real estate appraisal or a survey to determine whether partition in kind is feasible.
Hearing and commission. If the court orders partition by sale, the court often appoints a commissioner or referee to conduct the sale (supervised by the court). If partition in kind is feasible, the court will try to physically divide the land fairly among owners.
Sale and distribution of proceeds. After sale, the commissioner files a report. The court approves the sale, pays liens, mortgages, costs, and distributes the remaining proceeds to owners according to their ownership shares and any court-ordered adjustments.
Costs and attorney’s fees. Generally, each party pays their own attorney fees unless a contract, statute, or the court in its discretion orders otherwise. The court will also assess court costs and commissioner/sale costs against the proceeds.

Common issues and practical notes under Kansas law

Partition in kind is preferred if the land can be physically divided without unfairness, but it is often impractical for single-family lots or unique parcels.
If there are mortgages, tax liens, or judgments, those liens typically must be paid from sale proceeds in priority order.
Co-owners who contributed more to mortgage payments or improvements may ask for accounting and an adjustment in distribution.
Adverse possession and quiet-title claims may complicate who must be named and served; include anyone with a recorded interest.
Bankruptcy by one owner can stay the partition action while bankruptcy is pending.

Timeline and likely costs

Time: Simple partition actions may take several months; contested cases with valuation disputes and appeals can take a year or more. Costs: court filing fees, service fees, appraisal/survey costs, commissioner’s fees, and attorney fees (if you hire counsel). Prepare for several thousand dollars in combined costs for a contested case; exact amounts vary by county and complexity.

Statutes and official resources

Kansas statutes and court rules govern how partition actions proceed. For statutory text and more details, use these official resources:

Kansas Statutes (Revisor of Statutes) — searchable collection of Kansas statutes.
Kansas Judicial Branch — district court information, local rules, and self-help resources.
Kansas Bar Association — lawyer referral and information on hiring an attorney in Kansas.

When to hire an attorney

Hire an attorney if the case involves conflicting claims of ownership, liens, mortgages, multiple or missing owners, complex boundary issues, suspected fraud, or if you need preliminary injunctive relief. An attorney will draft the petition, advise about how to name defendants and lienholders, manage discovery, and represent you at hearings.

Quick checklist to get started

Get a copy of the deed and tax records.
Send a written demand offering partition or buyout and keep proof of delivery.
Collect mortgage and lien information and any written agreements.
Call the district court clerk in the county where the land is located for filing rules and fees.
Consider a consultation with a real estate or civil litigation attorney. Use the Kansas Bar Association referral service: https://www.ksbar.org/.

Disclaimer

This article explains general information about starting a partition action under Kansas law. It is not legal advice, and it does not create an attorney-client relationship. Laws change and every situation is different. For advice tailored to your specific facts, consult a licensed Kansas attorney.