Detailed Answer
Short overview: In Kansas, any co-owner of real property generally has the right to seek a judicial partition. The court will first try to divide the land “in kind” (physically) if that can be done fairly. If a fair physical division is impracticable, the court can order a sale and then divide the sale proceeds among the co‑owners after paying liens, costs, and any court‑approved credits. The procedure is handled in the district court where the land is located and is governed by Kansas partition rules and general civil procedure.
Step 1 — Confirm the nature of ownership and gather documentation
Begin by determining how the property is owned (tenancy in common, joint tenancy, etc.) and collect these records:
- Deed(s) showing current owners and their interests
- Mortgage statements and lien records
- Tax records and assessments
- Any written agreements among owners (buy‑sell, farm operating agreements, leases)
- Records of payments for purchase price, taxes, improvements, and maintenance
Step 2 — Try informal resolution first
Court actions are slow and costly. Consider:
- Negotiated buyout (one owner purchases the others)
- Mediation or arbitration to allocate use, income, and future ownership
- Entering a written partition agreement that specifies physical division or sale terms
Step 3 — Filing a partition action in District Court
If informal resolution fails, a co‑owner files a petition for partition in the Kansas District Court in the county where the farmland is located. The petition should:
- Name all known co‑owners and known lienholders
- Describe the land with a legal description
- State the type of relief requested (partition in kind or sale)
See the Kansas statutes governing partition procedures (see K.S.A. 60‑1001 et seq.). For general information about district courts, visit the Kansas Judicial Branch: https://www.kscourts.org.
Step 4 — Service, joinder of parties, and notice
The plaintiff must serve all co‑owners and any persons or entities with recorded interests in the land (mortgage holders, judgment creditors, etc.). The court may allow notice by publication when parties cannot be found. All necessary parties must be before the court to bind interests in the property.
Step 5 — Court evaluation and appointing commissioners
The court will consider whether a fair physical division is practicable. If so, the court will order partition in kind. If not, the court will order a sale. The court commonly appoints commissioners (or a referee) to:
- Survey and segregate parcels if dividing in kind
- Report whether division is practicable and propose boundaries
- Arrange and conduct a sale if the court orders a sale
Step 6 — Preference for partition in kind; when sale is ordered
Kansas courts prefer partition in kind when the land can be divided without prejudice to the owners. If the court finds that physical division would be impractical or inequitable (for example, because of unequal value distribution, shape of parcels, farm operation needs, or liens), the court can direct a sale and distribution of proceeds.
Step 7 — Conducting the sale and distributing proceeds
If the property is sold (typically at public auction), the sale proceeds are applied in this order:
- Costs of the partition action and sale expenses
- Payment of prior recorded liens and mortgages (in order of priority)
- Any court‑awarded credits (for contributions to purchase price, taxes paid, or improvements)
- Remaining net proceeds divided among owners according to their ownership interests
Credit claims (for example, a co‑owner who paid more than his share of mortgage or taxes) usually must be presented to the court so the judge can make an equitable allocation. Liens that remain attached to the property may affect distribution or may need to be satisfied at sale.
Step 8 — Accounting for improvements, payments, and offsets
The court can order adjustments so co‑owners who paid mortgage payments, taxes, or made improvements receive appropriate credits. Keep careful records of outlays and contributions; the court will use them to determine equitable distribution.
Step 9 — Timeline and costs
A partition lawsuit can take many months or longer depending on service issues, need for surveys, litigation over credits, and whether appeals follow. Expect court costs, surveyor and commissioner fees, appraisal fees, and attorney fees if the court finds litigation was necessary and equitable to award fees.
Where the law is written
Kansas partition procedures and related civil procedure rules are set out in the state statutes and court rules. Relevant statutory provisions begin with the partition statutes in Kansas statutes (see K.S.A. 60‑1001 et seq.). You can review Kansas statutes and chapter listings on the Kansas Revisor of Statutes website: https://www.ksrevisor.org/statutes/chapters/ch60/.
When to get an attorney
If the co‑owners cannot agree, if significant liens or creditors are involved, or if complex credits and accounting will be contested, consult a Kansas attorney experienced in real property litigation or farm succession matters. An attorney can draft the petition, handle joinder and service, represent you at hearings, and protect your financial interests at sale or division.
Disclaimer: This article explains general principles under Kansas law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Kansas attorney.
Helpful Hints
- Before filing suit, get a current, licensed appraisal to understand market value.
- Collect and organize receipts for taxes, mortgage payments, and improvements—these are critical for claiming credits.
- Talk to co‑owners about a buyout formula (appraised value × ownership share) to avoid litigation costs.
- Consider mediation—judges often encourage settlement and it is usually much cheaper than a full trial.
- Expect liens and mortgages to be paid from sale proceeds unless the court orders otherwise.
- If the property is income‑producing (crop or rent), document income and expenses while the case is pending; courts may account for ongoing income.
- Ask about tax consequences of a sale (capital gains, allocation of basis) with a tax professional or attorney—sales can create taxable events for co‑owners.
- If one owner wants to keep farming the land, a negotiated lease or buyout with clear payment terms can preserve operations and reduce family conflict.