How to Force a Sale of Jointly Owned Property in Kentucky When a Co-Owner Refuses Mediation

Short answer: In Kentucky you can ask a court to partition the property and order a sale if dividing the property fairly (partition in kind) is impractical. The usual path is to file a partition action in circuit court; the court may appoint a commissioner to sell the property and divide the proceeds after paying liens and costs.

Detailed answer — What you need to know and how the process works in Kentucky

This section explains the practical steps and legal framework for forcing a sale when a co-owner refuses to continue mediation. It assumes you and at least one other person own real property together (for example, as tenants in common or joint tenants).

1. Confirm the type of co-ownership

Owners hold property in different ways. The most common for co-owners who did not take title as spouses is tenancy in common. Joint tenancy (with rights of survivorship) behaves differently at death but still allows partition actions among living co-owners. Knowing the form of ownership helps determine your rights and options.

2. Try negotiation and buyout offers first

A court-ordered partition and sale is often more expensive and takes longer than a negotiated buyout. Send a written demand or offer to buy out the other owner(s) for a fair share based on market value. Keep proof of your offer and any responses. If the co-owner refuses, you can proceed to the next step.

3. File a partition action in circuit court

In Kentucky, partition actions are filed in the circuit court for the county where the property is located. A partition action asks the court either to divide the property physically among the owners (partition in kind) or, if that is not feasible or fair, to order a sale and split the proceeds among the owners according to their ownership shares.

The statute law governing partition actions is found in the Kentucky Revised Statutes relating to partition actions (see Kentucky statutes resources at the official legislature site: https://apps.legislature.ky.gov/law/statutes/). The court procedure follows Kentucky civil procedure rules and local circuit court practices.

4. What the court will consider

Whether the property can be divided fairly without prejudicing owners’ interests (partition in kind).
Whether physical division is impractical or would reduce value; if so, the court often orders a sale.
Liens, mortgages, or other encumbrances on the property — these must be satisfied from sale proceeds in the usual order of priority.
Each owner’s share of ownership, contributions, and any reimbursements claimed (taxes, improvements, or payments toward mortgage).

5. Commissioner or master to sell property

If the court orders a sale, it commonly appoints a commissioner or agent to sell the property at public auction or by private sale under court supervision. The commissioner handles notices, sets terms, conducts the sale, and reports back to the court. After sale, the court approves the accounting and directs distribution of net proceeds among the owners.

6. Costs, fees, and allocation of proceeds

Sale costs (broker’s commission, advertising, commissioner fees, auction costs), outstanding mortgages, taxes, and court costs come off the top. The remainder is divided according to ownership shares. If one co-owner has a lien or mortgage, that lien generally must be paid from sale proceeds before distribution.

7. Timeline and likely delays

A partition lawsuit can take several months to over a year depending on court calendars, complexity, disputes about value, and appeals. Expect an initial filing, service on co-owners, pleadings, possible valuation or accounting disputes, and then the commissioner’s sale and final accounting.

8. Practical considerations before filing

Get a current professional appraisal or at least comparative market information so you and the court have a clear idea of value.
Gather proof of title, deeds, surveys, mortgage statements, tax bills, and records of improvements or payments related to the property.
Consider whether you can afford litigation costs and the risks of a forced sale (price received may be less than retail market).

9. Alternatives to litigation

Renewed mediation with a clear buyout proposal and deadline.
Private sale if you can agree on a broker and price — sometimes easier with a written agreement appointing one owner or the broker to sell.
One co-owner purchases the other’s interest (owner buyout), possibly using financing or a promissory note.

Helpful Hints

Document everything. Keep emails, letters, and texts showing offers, refusals, and attempts to resolve the dispute.
Get an appraisal early. It helps with buyout offers and court valuations later.
Check for liens and mortgages. Contact the mortgage lender if payments are in dispute — lender rights can affect your strategy.
Ask the court clerk about local procedures for partition cases. Each circuit may have its own requirements for filings and forms.
Consider a limited-scope attorney engagement if you only need help drafting pleadings or a buyout proposal; this can save money versus full representation.
Estimate costs: court filing fees, service costs, appraisal fees, and likely broker/commission costs if the court orders a sale.
Tax consequences: selling the property triggers capital gains analyses; consult a tax professional for how proceeds and basis affect taxes.
If a co-owner disappears or is hard to locate, ask the court about service by publication — the court can still proceed if service rules are followed.

Where to find more information and forms

Start with the Kentucky Court of Justice website for guidance on filing civil actions in circuit court: https://kycourts.gov/. For Kentucky statutes, the official legislature site is: https://apps.legislature.ky.gov/law/statutes/.

When to talk to an attorney

If the other owner actively resists, if complex liens exist, or if large sums and possible reimbursements are involved, consult a local real estate litigator. An attorney can prepare and file the partition complaint, handle discovery (valuation disputes, accounting), and represent you at the commissioner’s sale and final accounting. If cost is a concern, ask for an initial budgeting consultation focused on likely fees and options.

Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and every situation is different — consult a licensed Kentucky attorney before taking legal action.