Filing a Partition Lawsuit in Kansas: What to Expect

Short answer: If co-owners cannot agree on dividing real property, one co-owner can ask a Kansas district court to force a partition. The court will evaluate whether the land can be divided in kind (physically split) or must be sold and the proceeds divided. Kansas law governs these actions under K.S.A. 60-1001 and following provisions. This article explains the typical steps, who pays, possible outcomes, and practical tips.

How partition actions work under Kansas law

Kansas provides a statutory process for partitioning real property when co-owners disagree. The governing statute is K.S.A. 60-1001 et seq., which allows a co-owner to file a civil action seeking:

Partition in kind — physically dividing the land so each owner gets a separate parcel; or
Partition by sale — selling the property and dividing the sale proceeds among owners according to their ownership shares when division in kind is impracticable or unfair.

See K.S.A. 60-1001: https://www.ksrevisor.org/statutes/chapter/60/statute/60-1001/.

Step-by-step: Filing and prosecuting a partition action

Try to resolve the dispute first. Communicate with the other co-owners. Consider mediation, a buyout offer, or a professional appraisal to establish fair market value. Courts often view attempts to settle favorably.
Prepare the complaint. The plaintiff (the owner asking for partition) files a civil complaint in the district court where the property lies. The complaint typically states ownership interests, names all known co-owners and lienholders, and requests partition in kind or sale.
Identify and include all parties with an interest. You must name all record owners, mortgagees, lienholders, and anyone with an interest that could affect title. If you cannot locate an owner, the court has procedures for notice to unknown or absent parties.
Serve process and notify interested parties. Defendants (co-owners and lienholders) must be properly served so they can respond. Unserved or unknown parties may be served by publication following court rules.
Defendants respond. Co-owners can agree, contest the requested remedy, raise defenses (for example, claiming you agreed to exclusive use), or ask for accounting of rents, profits, or expenses.
Court may appoint commissioners or referees. If the court orders partition in kind, it often appoints commissioners (surveyors or neutral appraisers) to divide the property. If partition in kind is impracticable or inequitable, the court will order a sale.
Sale process (if ordered). For a partition by sale, the court directs how the sale will occur—public auction or private sale under specified terms. The court supervises distribution of sale proceeds after payment of liens, taxes, costs, and attorneys’ fees.
Final decree and distribution. The court issues a decree confirming the division or sale and orders distribution of proceeds according to ownership shares, subject to liens and expenses.

Who pays the costs and how liens/mortgages are handled

Costs of partition (appraisers, commissioners, sale costs, and court fees) are typically paid from sale proceeds or apportioned among the parties by the court. Secured liens such as mortgages remain attached to the property and must be satisfied or assumed at sale. The court will usually direct payment of valid liens from sale proceeds before dividing the remainder among owners.

Timing and likely timeline

Timeline varies by county and case complexity. Simple uncontested partitions can move faster. Contested cases that require surveys, hearings, multiple parties, or a sale can take many months or over a year. Expect additional time if title issues, unknown owners, or complicated liens exist.

Possible outcomes

Property divided into separate parcels (partition in kind), with new deeds issued.
Property sold at auction or private sale and proceeds divided after satisfying liens and costs.
Judgment awarding accounting of rents/expenses and adjustment of distributions among owners.
Settlement before final decree (co-owners can still settle anytime).

Common defenses and complications

Agreement or contract among owners that restricts partition (a written co-ownership agreement might limit the right to partition).
Adverse possession claims or title disputes.
Unpaid taxes, mortgages, or liens that affect who receives proceeds.
Physical impracticability of dividing unique or small parcels.

Alternatives to going to court

Because partition litigation can be costly and time-consuming, consider alternatives first:

Mediation or arbitration to negotiate a buyout or property division.
One co-owner buying out others using an agreed appraisal.
Voluntary sale and division of proceeds outside court supervision.

Where to find the statute and more information

Kansas partition actions are governed by K.S.A. 60-1001 et seq. For the principal starting provision, see: K.S.A. 60-1001. For local court rules and forms, visit the Kansas Judicial Branch at https://www.kscourts.org and contact the district court clerk in the county where the property is located.

Practical checklist before you file

Collect title documents, deed(s), mortgage statements, and any co-ownership agreements.
Order a current title search to identify all owners and liens.
Obtain a recent appraisal or market analysis.
Calculate any rents, expenses, or improvements that might affect distribution.
Discuss mediation or buyout offers with co-owners before filing.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. The information here is not a substitute for advice from a licensed attorney who can evaluate your specific situation.

Helpful Hints

Start with a written appraisal. A clear market value helps negotiations and court proceedings.
Act early to preserve evidence of ownership shares, expenses, and contributions.
Consider mediation: courts often view reasonable settlement efforts favorably and it can save time and money.
Include lienholders in your planning—mortgages survive partition and affect net proceeds.
Keep careful records of any payments, improvements, or rent receipts to support accounting claims.
Consult a Kansas real estate attorney for advice tailored to your facts and to prepare the complaint and service documents correctly.