Filing a Partition Lawsuit in Kentucky: A Step-by-Step FAQ

Short answer: When co-owners cannot agree how to divide real property in Kentucky, one co-owner can ask the circuit court where the land lies to force a partition. The court will try to divide the land “in kind” when reasonably possible; if not, the court will order a sale and divide the proceeds among the owners after paying liens and costs. See Kentucky law on partition actions at the Kentucky Revised Statutes, Chapter 381: KRS Chapter 381.

Detailed Answer — How the partition process works in Kentucky

1. Confirm who has an ownership interest

Start by confirming the type of co-ownership: tenancy in common, joint tenancy with right of survivorship, or ownership through an entity (LLC, trust). Collect the deed, title report, mortgage, and any written agreements. Kentucky courts treat tenants in common and joint tenants differently in some contexts, but either type of co-owner can generally bring a partition action.

2. Try negotiation or mediation first

Court actions are expensive and slow. Send a formal written demand to the co-owners explaining you seek partition or sale and invite negotiation. Many counties and courts encourage—or require—parties to try mediation. Reaching an agreement avoids litigation costs and gives you control over terms.

3. Where to file the lawsuit

If negotiation fails, file a complaint for partition in the circuit court of the county where the property is located. You must name as defendants all persons who have an ownership interest or other recorded claims against the property (mortgagees, lien holders, judgment creditors with recorded liens). The Kentucky Court of Justice operates the circuit courts that hear real property and partition matters: kycourts.gov.

4. What to include in the complaint

A clear description of the property (legal description from the deed).
Who the plaintiff is and who the co-owners/defendants are.
A statement of the interest each party claims, and whether you want partition in kind or partition by sale.
Requests for relief, such as appointment of commissioners, sale of the property, accounting for rents or profits, and a distribution order.

5. Service and answers

The court will require proper service of process on all named parties. Defendants then file answers and any counterclaims (for example, claiming an offset for improvements or a claim that the property cannot be fairly divided).

6. Court procedures: partition in kind vs. partition by sale

Under Kentucky practice, the court will prefer partition in kind (physically dividing the land) if it can be done without materially prejudicing the owners. If the land cannot be fairly divided—because of its layout, buildings, or impracticality—the court will order a sale and split proceeds among owners according to their shares after paying liens, taxes, and sale expenses.

7. Appointment of commissioners or masters

The court commonly appoints referees, commissioners, or a master to examine the property and report how to divide it or to conduct a sale. The appointed person(s) prepare a report for the court, and parties may object before the court confirms the report.

8. Sale and distribution of proceeds

If the court orders a sale, it typically directs the method (private sale approved by court or public auction). Liens and mortgages are paid first from sale proceeds. The net proceeds are divided among owners according to ownership shares, subject to offsets for contributions (repairs, taxes, mortgage payments) if the court finds them equitable.

9. Timing and costs

Partition suits can take several months to over a year depending on complexity, number of parties, whether the sale is contested, and court schedules. Expect attorney fees, appraisal fees, survey costs, commissioner fees, and court costs. In Kentucky, attorney fees are not automatically shifted to the losing co-owner unless statute or contract provides otherwise.

10. Common complications and how they affect the case

Unrecorded interests — harder to join if not in the record; check chain of title.
Mortgages and judgment liens — paid from sale proceeds and may change the net amount owners receive.
Improvements and contributions — one co-owner may ask credit for repairs, taxes, or payments made on the property.
Tenant-occupied or leased property — leases survive sale in many cases and affect value and timing.
Co-owners who refuse to cooperate — the court can still proceed with partition and sale over objections.

11. After the court’s order

Once the court confirms the division or sale and directs distribution, the clerk or appointed fiduciary distributes funds and updates the title records. If one owner buys the property at sale, the court issues an order or deed confirming the transfer.

Relevant Kentucky law: Kentucky’s statutes on partition are found in KRS Chapter 381. For an overview of the statutory provisions that govern partition actions and related procedures, see KRS Chapter 381.

Helpful Hints

Gather records before filing: deed, title report, mortgage documents, tax bills, leases, and repair receipts. These speed the process and support any offset claims.
Ask for mediation early. Courts and many parties prefer mediation to costly litigation.
Order an independent appraisal and survey to support a request for partition in kind or a fair-sale price.
Check for recorded liens and mortgages — the plaintiff should usually name lienholders as defendants so the court can handle those claims in the partition action.
Understand the risk of a forced sale: public auctions sometimes fetch less than market value. Consider arranging a private sale or giving co-owners an opportunity to buy other shares to avoid a fire sale.
If you are a co-owner who paid more than your share for mortgage, taxes, or repairs, keep detailed receipts and records to ask the court for credit.
Consult a Kentucky real estate attorney early. An attorney can evaluate whether partition in kind is realistic, explain local court practice, prepare pleadings, and represent you at hearings.

Disclaimer: This article provides general information about Kentucky partition 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.