How to file a partition action in Kentucky for inherited property when co-owners won’t respond

Disclaimer: This is general information, not legal advice. I am not a lawyer. Use this to understand the process and decide whether to speak with a Kentucky attorney who handles real property and probate matters.

Detailed Answer — Step‑by‑step overview under Kentucky law

If you own real property with others as heirs (tenants in common) and some co‑owners will not communicate or refuse to cooperate, you can ask the court to divide the property through a partition action. Below are the usual steps, practical details, and issues that commonly arise in Kentucky.

1. Who can file?

A person with a legal interest in the property (an owner, heir, or person claiming title) may file a partition complaint. If the property is still part of a probate estate, check whether the executor/administrator has authority; sometimes the estate must be closed or the administrator may participate in the partition.

2. Where to file

File a civil complaint for partition in the Circuit Court for the county where the property is located. The circuit court has jurisdiction over real property partition matters in Kentucky.

3. What to include in the complaint

A description of the property sufficient to identify it (metes and bounds or legal description from the deed).
Your legal interest and the interest of each co‑owner (who owns what percentage or share).
A statement asking the court to partition the property in kind (physically divide) or, if that is not practical, to order a sale and divide proceeds among owners.
A list of all persons with an interest (record owners, lienholders, mortgagees, unknown heirs if relevant) and their last known addresses when available.
A request that the court appoint a commissioner (or referee) to survey and divide or sell the property if the court so orders.

4. Naming and serving parties — what to do when owners won’t respond

To proceed, you must join all persons who have an interest in the property as parties. If co‑owners do not respond or their whereabouts are unknown, Kentucky civil procedure allows service methods designed to protect due process while letting the case move forward:

Personal service: Serve any co‑owner you can locate according to Kentucky rules through the county sheriff or a private process server.
Substituted service: If personal service is not possible, the court may permit alternative service methods (for example, posting at the courthouse or other measures permitted by Kentucky law and local rules).
Service by publication: If a co‑owner’s residence is unknown after reasonable inquiry, you may ask the court to allow service by publication (publishing the notice in a local newspaper and filing an affidavit of due diligence). Service by publication is typically limited and requires proof of attempts to find the person.
Unknown heirs and parties: If there may be unknown heirs or unlocated parties, the court may require notice by publication and may permit appointment of a guardian ad litem for minors or incapacitated persons.

Even if a co‑owner is served but chooses to ignore the case, the court can enter default against that party and proceed with the partition. A refusal to respond does not prevent the case from moving forward once the court’s notice and service requirements are satisfied.

5. Partition in kind vs. partition by sale

Courts generally prefer to divide property in kind when it is practical and fair. If physical division would be impracticable or would significantly reduce value (for example, a single house or a small lot), the court may order a sale and distribution of the proceeds among the co‑owners after paying liens and costs. The court commonly appoints a commissioner to carry out the division or sale and report back to the judge.

6. Liens, mortgages, and costs

Any valid mortgage or lien attaches to the property and must be paid from sale proceeds (or the owner with the encumbrance may be required to protect the lien). Court costs and the commissioner’s fees are usually paid from sale proceeds before distribution to owners.

7. Dealing with minors or incapacitated persons

If an owner is a minor or legally incompetent, Kentucky courts will require appointment of a guardian ad litem or other protective procedure to ensure that person’s interests are represented before final distribution or sale.

8. Timeline and practical expectations

Timelines vary: simple partitions where all parties cooperate can be resolved in a few months; contested cases or complicated service issues can take a year or more. Expect steps for filing, service, possible defaults, appointment of a commissioner, reporting, hearings, and a final decree.

9. Alternatives to court partition

Voluntary buyout: One co‑owner buys out the others’ shares with a written agreement and deed.
Mediation: A mediator can help co‑owners negotiate a sale or division without litigation.
Agreement to sell: Co‑owners agree to list and sell the property and split proceeds according to ownership shares.

10. When to hire an attorney

If co‑owners won’t respond, if title is unclear, if liens or mortgages are present, if minors or incapacitated owners are involved, or if you expect conflict, consult a Kentucky attorney experienced in real property and probate. An attorney can prepare pleadings, help locate and serve missing co‑owners, request service by publication, and represent you at hearings.

For statutory text, court rules, and local filing requirements, start at these official Kentucky resources:

Kentucky Revised Statutes (search statutes for “partition” and related terms): https://apps.legislature.ky.gov/statutes/
Kentucky Court of Justice — court locations, forms, and Civil Division information: https://kycourts.gov

Helpful Hints

Start by pulling the deed(s) and the chain of title. Confirm who the recorded owners are and what share each holds.
Check for mortgages, tax liens, or judgments attached to the property before filing.
Gather proof of efforts to contact missing co‑owners (letters, certified mail receipts, phone logs) — courts expect reasonable diligence before permitting service by publication.
Consider an appraisal early so you know whether an in‑kind partition is realistic or whether a sale will likely be ordered.
If heirs are listed only in probate records but title hasn’t been updated, coordinate the probate case and partition action. Sometimes it is appropriate to complete probate first; other times a partition can proceed even if probate is open, but you should get legal advice.
Keep records: file-stamped copies of pleadings, proof of service, and any commissions and reports from the court-appointed commissioner.
If a co‑owner is uncooperative, do not attempt self-help (locking out, changing locks, or removing property). Seek court relief — self-help can create liability.
Ask the court early about mediation or settlement conferences — judges often require or encourage parties to try settlement before lengthy litigation.

Filing a partition action in Kentucky is a straightforward legal remedy, but the procedural requirements (especially service and notice) are important. If some co‑owners won’t respond, the court provides procedures to protect everyone’s rights while allowing the case to proceed. An attorney can ensure you meet Kentucky’s procedural rules and improve the chance of an efficient result.