Disclaimer: This article provides general information under Kentucky law and does not constitute legal advice. You should consult a qualified attorney for advice specific to your situation.
Detailed Answer
A partition action lets co-owners of real estate force a division or sale of property when they cannot agree on its use or disposition. Under Kentucky Revised Statutes Chapter 381, any joint tenant, tenant in common, or co-owner may petition the circuit court of the county where the property lies for partition.KRS 381.010
Key steps in a Kentucky partition action:
- Filing the Petition: A co-owner (the “plaintiff”) files a petition naming all other owners (the “defendants”) and describes the property, interests, and relief sought.
- Service and Response: The court issues summons to each co-owner. Defendants must answer within 20 days or risk default.
- Court Hearing: The court holds a hearing to confirm ownership interests, assess property value, and decide on division or sale.
- Partition In Kind or by Sale: Under KRS 381.020, the court prefers a partition in kind—physically dividing land among owners—if practical. If division would be impractical or unfair, the court orders a sale and divides proceeds based on each owner’s share.
- Appointment of Commissioner or Referee: The judge may appoint a commissioner or surveyor to map boundaries or arrange a public sale.
- Distribution of Proceeds or Property: After sale or division, the court issues a final order distributing property or net sale proceeds among owners.
Example: Alice, Bob, and Carol co-own a rural tract near Lexington. Alice wants to sell her share. Bob and Carol disagree. Alice files a partition petition in Fayette County. The court appoints a commissioner who determines the land cannot be divided evenly. The court orders a sale. After a public auction, proceeds split 1/3 each.
Helpful Hints
- Gather all deeds and title documents before filing.
- Consider mediation to reach an agreement and avoid court costs.
- Obtain a professional property appraisal to establish fair market value.
- Factor in survey and commissioner fees when calculating likely proceeds.
- Know that the process can take several months to over a year.
- Consult a real estate attorney to protect your rights and verify local court procedures.