Detailed answer
If you and one or more people own real property together and you want the house sold rather than continued co-ownership, you can ask a Kentucky circuit court to order a partition and sale. This is called a partition action. Below is a plain-language, step-by-step guide to how the process typically works in Kentucky, what you will need, and what to expect.
1. Confirm who actually owns the house
Before you file anything, confirm title. Common situations after a death include:
- Joint tenancy with right of survivorship — the house may have passed automatically to the surviving joint tenant(s).
- Tenancy in common — each owner has an individual share that can be sold or partitioned.
- Estate ownership — the house may be owned by the decedent’s estate while probate is open.
Check the deed at the county clerk/recorder’s office or online to see names and the form of ownership. If the property is still in the decedent’s probate estate, the estate administrator or executor may need to be the plaintiff.
2. Make a good-faith effort to resolve the matter outside court
Court-ordered partition is adversarial and costs money. Try these first: offer to buy out co-owners, agree to sell on the open market, hire a mediator, or split rental income and expenses while you negotiate. A written settlement will save time and fees.
3. Who can file and where to file
Any co-owner of real property in Kentucky may file a partition action in the circuit court for the county where the property lies. If the owner is the estate, the personal representative should file. The plaintiff must name all known co-owners and any parties with recorded interests (mortgages, liens). Kentucky partition law and procedures are handled in circuit court (Kentucky Rules of Civil Procedure apply).
4. Drafting and filing the complaint
The complaint (sometimes called a petition) should:
- Identify the property by legal description and address.
- State each party’s interest (who owns what share) and how title appears.
- Explain why partition is requested (e.g., irreconcilable disagreement, need to liquidate estate assets).
- Ask the court for partition by sale (or partition in kind if that is practical).
- Request that the court appoint a commissioner or referee to divide or sell the property and handle distribution of proceeds after paying liens and costs.
Attach copies of the deed, death certificate if relevant, probate documents if the estate is involved, and any lease or mortgage documents.
5. Service and notice
After filing, you must serve the complaint and summons on all defendants (co-owners and lienholders). If a party’s whereabouts are unknown, the court may allow substituted service or service by publication. The court must also provide proper notice before any sale so interested parties have an opportunity to object.
6. Possible early outcomes
Before the court orders a sale, parties often settle. The court may also allow a buyout where one co-owner purchases others’ shares based on an agreed or appraised value. If unresolved, the case goes forward to valuation and a court-ordered sale.
7. Valuation, appointment of commissioner, and sale
The court commonly appoints a commissioner (or referee) to appraise the property, advertise and conduct the sale, and report back to the court. The sale procedure may be by public auction or private sale under court supervision. The commissioner will handle paying off mortgages, liens, taxes, and court-ordered fees from the proceeds, then distribute the remainder according to ownership shares.
8. Costs, liens, and priorities
Mortgage lenders and secured lienholders keep their priority — a sale does not eliminate valid liens. The sale proceeds first pay mortgages, property taxes, and court costs. Any unpaid mortgage could lead to foreclosure rather than a clean distribution, so confirm lien status before filing. If a party fails to pay costs or debts, the court may adjust distributions.
9. Timeline and likely costs
There is no fixed timetable. Simple consensual partitions can finish in a few months. Contested cases with valuation disputes, unknown heirs, or complex liens can take a year or more. Expect filing fees, service costs, appraisal and commissioner fees, advertising costs for the sale, and attorney fees if you hire counsel. If a sale occurs, buyer closing timelines also apply.
10. Practical tips for heirs
If the property is part of a probate estate, coordinate with the personal representative. Keep the property insured and maintained while matters are pending. Communicate in writing with co-owners and preserve receipts for expenses (repairs, taxes) that may affect distribution.
Where to find the governing Kentucky law
Kentucky’s partition procedure is created by state statute and implemented by circuit courts. For statutory language and related provisions, see the Kentucky Revised Statutes and the Kentucky courts website:
- Kentucky Revised Statutes—statutes search: https://apps.legislature.ky.gov/law/statutes/ (search for “partition” or “KRS Chapter 381”).
- Kentucky Court of Justice (circuit court information and forms): https://kycourts.gov/
Disclaimer: This article explains general Kentucky legal procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Kentucky attorney who handles real estate and probate matters.
Helpful Hints
- Get a copy of the deed and any recorded mortgage or liens from the county clerk/recorder before filing.
- Confirm whether the property passed to a surviving joint tenant or is part of a probate estate; that affects who should file.
- Talk to co-owners about a buyout or agreed sale first — settlement saves time and money.
- Keep records of all expenses you pay for the property (taxes, insurance, repairs); courts consider those costs in distribution.
- Consider an appraisal early so parties have a realistic value for buyout negotiations.
- If heirs are numerous or scattered, budget for service-by-publication or additional legal steps to locate unknown heirs.
- If a mortgage exists, talk to the lender before a sale; unpaid mortgages affect what buyers will pay and the net proceeds.
- Find local self-help resources at your circuit court clerk’s office or the Kentucky Court of Justice website for forms and local filing rules.
- When in doubt, consult a Kentucky attorney — small up-front legal help often saves substantial cost later.