What to give your lawyer to start a partition action in Kansas

Short answer: To begin a partition case in Kansas, your attorney will need documents and information that prove your ownership interest, identify all other owners and interested parties, describe the property, show any agreements or disputes about the property, and provide records of liens, mortgages, taxes, insurance, and other obligations. Good organization speeds the process and reduces surprises.

Detailed answer — what a lawyer needs and why (Kansas law)

This section explains what you should collect and give your lawyer so they can file a partition action and represent you effectively under Kansas law. A partition action is a court process to divide or sell jointly owned real property and distribute the proceeds. Kansas recognizes partition actions brought by co-owners who cannot otherwise agree on dividing the property.

Key statutes: Partition procedures in Kansas are covered by the Kansas statutes governing civil actions and partition. See the Kansas statutes on partition (K.S.A. 60-1001 et seq.) for statutory procedures and remedies: K.S.A. 60-1001 et seq. (Partition). Your attorney will rely on these statutes to prepare pleadings and request relief such as partition in kind, sale, appointment of commissioners, and distribution of proceeds.

1. Proof of ownership and chain of title

Deed(s) that show how you acquired your interest (warranty deed, quitclaim deed, trustee deed, etc.).
Title insurance policy and the title commitment if available.
A copy of the current recorded deed for the property (from the county register of deeds).
Any title reports or abstract of title.

2. Identification of all owners and interested parties

Full legal names, current addresses, phone numbers, and email addresses for all co-owners (joint tenants, tenants in common, life tenants, etc.).
If a co-owner is deceased: death certificate, probate or estate case number, and contact information for the executor or administrator.
If any owners are corporations, LLCs, partnerships, or trusts: formation documents, articles of organization/incorporation, and contact information for the registered agent or trustee.
Names and contact info for lienholders, mortgagees, judgment creditors, tax authorities, and anyone with a recorded interest in the property.

3. Documents about mortgages, liens, taxes, and encumbrances

Mortgage statements, payoff letters, and loan numbers.
Recorded liens, judgments, UCC filings, and any documents showing mechanic’s liens or unpaid taxes.
Current property tax statements and proof of recent tax payments.

4. Leases, possession, and use information

Copies of any leases (residential, commercial, farm) affecting the property, with tenant names, lease terms, rent amounts, and security deposits.
Evidence of who is in actual possession of portions of the land or buildings, and whether anyone claims exclusive use.

5. Surveys, plats, and physical descriptions

Recent boundary or land surveys, plats, and legal descriptions from deeds.
Subdivision maps and easement documents (right-of-way, utility easements, access easements).
Photos showing improvements, fences, occupied areas, or conditions that relate to partition in kind.

6. Evidence of contributions, improvements, and expenses

Records of payments for mortgage, taxes, utilities, repairs, or improvements paid by you or other co-owners.
Receipts, cancelled checks, bank statements, invoices, and contracts for significant work on the property.

7. Agreements among owners

Written agreements, buy-sell agreements, oral partition agreements (documented symptoms), settlement offers, or mediation records.
Any prior litigation or court orders affecting ownership, use, or partition (including judgments, divorce decrees, or quiet title actions).

8. Appraisals, valuations, and proposed solutions

If available, any real estate appraisals or broker price opinions.
Your proposal for a solution (e.g., a buyout price, desire to sell, or preference for partition in kind).

9. Practical information and communications

Copies of all written communications among co-owners about the property (emails, letters, text transcripts, and notes of important conversations).
Any insurance policies covering the property and recent claims.
Access information (keys, codes) if the attorney needs to arrange inspections or appraisals.

10. Financial and identification documents

Your ID (driver’s license or passport) and Social Security number (for client intake and filing tax forms).
Bank information if you expect to deposit settlement funds or receive proceeds.

How your lawyer uses these documents

Your attorney will use the materials to:

Draft and file the complaint for partition and name all necessary parties.
Verify legal descriptions and ownership so the court can enter an order binding all interested parties.
Determine whether partition in kind (dividing the property) is practical or whether a sale is required.
Locate and notify lienholders, tenants, and other interested parties so the court can resolve encumbrances before sale or division.
Calculate credits or debits among co-owners for contributions and improvements.
Ask the court to appoint commissioners, order a sale, or approve distribution of sale proceeds, as allowed by Kansas law.

Process overview under Kansas rules

Typically the lawyer will:

Prepare and file a complaint for partition identifying all owners and asking the court to divide or sell the property.
Serve all parties and any lienholders. If some parties cannot be found, the court allows publication or other service methods.
Ask the court to determine interests, clear title defects, appoint commissioners or referees to divide or sell the property, and fix compensation and costs.
If sale is ordered, arrange an appraisal or auction and present a proposed distribution of proceeds after paying mortgages, liens, taxes, and costs.

Specific procedures and remedies are set out in Kansas statutes on partition (see K.S.A. 60-1001 et seq.). Your lawyer will cite those statutes in pleadings and motions. For a general reference see: K.S.A. 60-1001 et seq.

Common complications that affect what you must bring

Heirs or missing owners: You will need probate documents or affidavits of heirship and additional work to locate parties for service.
Mortgages and liens: Lienholders normally must be paid or given notice; bring all mortgage records.
Leases and tenants: If tenants occupy the property, the court may account for rents in the distribution or require eviction procedures.
Improvements and repairs: Keep records showing who paid for what to seek credits or reimbursement.
Boundary disputes: Provide surveys and evidence of possession to help the court make a fair division.

Helpful hints — tips to speed the case and lower costs

Gather documents before your first meeting. A complete packet saves billing time and reduces surprises.
Provide a clear timeline of transactions, payments, and communications involving the property.
Scan or photograph paper documents and send electronic copies to your attorney when possible.
Keep originals safe, but share copies with your lawyer as part of the intake.
Be honest about all owners, mortgages, and disputes; undisclosed issues slow the case and can increase liability.
Ask your attorney about mediation or buyout options before filing; parties sometimes settle and avoid a sale.
Expect the court to require notice to many parties; provide every contact you have for co-owners and lienholders.
If you are a potential buyer or seller among co-owners, have financing pre-approved and a valuation ready — courts often rely on appraisals for sales.

Next steps: Call a qualified Kansas real property attorney, bring the documents above to your intake appointment, and discuss the likely timeline, estimated costs, and possible outcomes for partition in your case.

Disclaimer: This article explains general information about partition actions under Kansas law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Kansas.