Disclaimer: This article does not provide legal advice. It is for educational purposes only. Consult a qualified attorney for guidance on your situation.
Detailed Answer
In Kansas, co-owners who cannot agree on the use, management, or disposition of real property may file a partition suit under K.S.A. 60-1001 et seq. A partition action forces either a physical division of the land (partition in kind) or a sale with proceeds divided among owners (partition by sale). Here’s how to proceed:
1. Confirm Ownership and Tenancy Type
Review the deed, title report, or recorded documents to identify all owners. Co-ownership typically exists as tenants in common or joint tenants. Partition actions apply regardless of tenancy type.
2. Obtain a Precise Legal Description
Secure a current survey or title commitment. You must include a metes-and-bounds legal description in the petition.
3. Choose the Proper Venue
File in the District Court of the county where the land is located. Confirm local filing procedures and fees.
4. Draft the Partition Petition
Your petition should allege:
- Identification of the property with legal description.
- Names and addresses of all co-owners and any lienholders.
- Type of tenancy (common or joint).
- That partition is necessary because owners cannot agree.
See K.S.A. 60-1002 for petition requirements: K.S.A. 60-1002.
5. Serve All Parties
Serve each owner and any encumbrance holder with a summons and a copy of the petition. Service must comply with Kansas Rules of Civil Procedure.
6. Request Partition In Kind or By Sale
Under K.S.A. 60-1003, the court will order partition in kind if it’s practical. If physical division impairs value or is impractical, the court orders a sale under K.S.A. 60-1004.
7. Appointment of Commissioners
The court appoints three disinterested commissioners to survey, divide, or arrange sale. Commissioners file a report detailing the division or sale process.
8. Objections and Hearing
Parties may object to the commissioners’ report. The court holds a hearing to resolve disputes and issue a final decree of partition.
9. Final Decree and Distribution
Once the court approves the report, it issues a final decree. If the property is sold, proceeds are distributed after costs, liens, and fees are paid.
Helpful Hints
- Gather title documents early to confirm all parties’ names and interests.
- Consider hiring a surveyor to prepare an accurate legal description.
- Review local court rules for filing fees and service methods.
- Discuss costs of commissioners and sale expenses with co-owners before filing.
- Keep detailed records of all communications and filings throughout the process.