Understanding Partition Actions in Kentucky: Forcing a Sale of an Inherited Interest

Short answer: In Kentucky, a co-owner of real property can ask a circuit court to partition the property when co-owners cannot agree. If the court finds physical division (partition in kind) impractical, it can order a sale and divide the proceeds among the owners according to their shares. This article explains the typical steps, what you must prove, likely outcomes, and practical tips for someone with an inherited interest.

Detailed Answer — How a partition action works under Kentucky law

1. Who may file and where

Any person who owns an undivided interest in real property in Kentucky may file a partition action against other co-owners. Partition cases are filed in the Kentucky Circuit Court in the county where the property is located. For general information about Kentucky circuit courts, see the Kentucky Court of Justice: https://courts.ky.gov/courts/circuit/pages/default.aspx.

2. Preliminary steps before filing

Confirm your ownership: obtain the recorded deed, probate documents (if the interest was inherited), and any will or order of distribution.
Title search: get a title report to identify all record owners, liens, mortgages, and easements. County clerk/recorder offices maintain deeds.
Identify co-owners and their addresses so you can name them as defendants and arrange proper service.
Attempt negotiation: consider offering to buy out other owners, request a voluntary partition, or use mediation. Courts sometimes expect parties to try to resolve disputes first.

3. What to include in a partition complaint

A typical complaint for partition will include:

A clear caption and identification of the court and parties.
A description of the property sufficient to identify it (legal description or deed reference).
Allegations establishing your ownership and the co-ownership interests.
A statement that the co-owners cannot agree on division or use.
A specific request (prayer) that the court order partition — either in kind or, if that is impracticable, sale and division of proceeds. You may also ask the court to appoint commissioners to carry out the partition and to handle sale proceeds, liens, and credits.
Requests for related relief such as an accounting, credits for improvements or payments, and costs of sale.

4. Service, response, and default

After filing, you must serve each co-owner according to Kentucky’s rules. Co-owners can respond, raise defenses, or counterclaims (for example, claims the property should not be sold or disputes over shares). If a defendant is properly served and does not respond, the court may enter default judgment and proceed without that party.

5. Partition in kind vs. partition by sale

There are two primary outcomes:

Partition in kind — the court orders a physical division of the property so each owner receives a portion. This is common when the land can be fairly divided without harming value or access.
Partition by sale — if physical division is impracticable, inequitable, or would substantially reduce value, the court can order the property sold and distribute proceeds among owners per their ownership shares.

6. Appointment of commissioners and sale process

The court often appoints commissioners to inspect the property, attempt to agree on division, report to the court, and, if sale is ordered, manage the sale process. Sales may be private or at public auction depending on court order and local practice. After sale, the commissioners account for mortgage payoffs, liens, sale costs, and any court-ordered credits or adjustments, and the remaining funds are distributed to owners.

7. Costs, credits, and adjustments

The court can order credits or reimbursement for contributions such as mortgage payments, taxes, necessary repairs, or improvements. It may also allocate costs of the partition and sale. Who pays attorney fees depends on statute or agreement; courts may award fees in limited circumstances but not automatically.

8. Timeline and complexity

Timing varies. Uncontested partitions can conclude in a few months. Contested cases that require discovery, valuation disputes, or appeals can take a year or longer. Expect to pay court filing fees, costs for surveys or appraisals, title work, and attorney fees if you hire counsel.

9. Why you should consider a lawyer

Partition actions involve filing court papers, serving co-owners, presenting evidence about ownership and valuation, and dealing with liens and distributions. A lawyer can prepare pleadings, locate and serve all co-owners, represent you at hearings, and help obtain fair credits and distribution. If the estate was recently probated, a lawyer can check whether the estate’s distribution was final or whether additional probate steps are needed.

10. Where to find Kentucky statutes and resources

Kentucky’s statutes and court resources are publicly available. For statute text and searches, use the Kentucky Legislature site: https://apps.legislature.ky.gov/law/statutes/. For information about circuit courts where partition actions are filed, visit the Kentucky Court of Justice: https://courts.ky.gov/courts/circuit/pages/default.aspx. For attorney referrals, see the Kentucky Bar Association: https://www.kybar.org.

Helpful Hints

Gather deeds, probate orders, wills, mortgage statements, tax bills, and any written agreements about the property before you file.
Get a professional title search early. Unknown liens can complicate or delay sale proceeds.
Obtain a current appraisal or market analysis to support a sale or to evaluate buyout offers.
Try mediation or negotiation first — courts often encourage settlement and it can save time and money.
Be prepared to show evidence of your ownership share and any payments you made (taxes, mortgages, improvements) that you want credited in distribution.
If property sits in a recently probated estate, check whether the executor has already distributed the property. That can affect your options.
If co-owners are hard to locate, a lawyer can help with service by publication or other proper methods permitted by Kentucky law.

Disclaimer: This article explains general Kentucky principles about partition actions for educational purposes only. It does not constitute legal advice, create an attorney-client relationship, or substitute for an attorney’s review of your specific situation. For advice tailored to your facts, contact a Kentucky-licensed attorney.