Detailed Answer — How Kentucky law lets you force a sale or division of jointly owned real estate

Disclaimer: This is educational information only and not legal advice. For advice about your situation, consult a Kentucky attorney.

Hypothetical facts to illustrate: You and your ex-spouse own a house as tenants in common. Your divorce decree did not transfer title to one party, and your ex refuses to cooperate with a sale or a transfer. What options does Kentucky law give you to divide or sell the property?

1) Try voluntary resolution first: negotiation, buyout, or mediation

Before filing a lawsuit, consider less costly, faster options:

• Negotiate a buyout where one co-owner pays the other for their share.
• Agree to a sale and split proceeds after paying lien(s) and costs.
• Use mediated settlement to split proceeds or exchange property rights.

Voluntary agreements avoid court costs and usually protect credit, tax outcomes, and timing.

2) File a partition action in Kentucky circuit court (court-ordered division or sale)

If voluntary methods fail, Kentucky law allows a co-owner to bring a partition action to divide property or force its sale. Partition actions are filed in circuit court in the county where the property sits. Partition is the primary legal tool to force sale or division of real property when co-owners cannot agree.

Key features of a partition action in Kentucky:

• Kentucky courts can order partition in kind (physically dividing the land) when practical, or order a partition by sale (sell the property and divide proceeds) when division in kind is impractical.
• The court may appoint commissioners or referees to value the property and recommend whether a physical division is feasible.
• Sale proceeds are used first to pay mortgages, liens, taxes, and court costs; remaining funds are divided among owners according to their ownership shares.
• If one co-owner contributed more toward mortgage, taxes, or improvements, the court can account for equitable adjustments before dividing proceeds.

For general information on Kentucky statutes and to locate the partition provisions, see the Kentucky Revised Statutes searchable database: https://apps.legislature.ky.gov/statutes/. (Search for the chapter on partition or related civil procedure provisions.)

3) If the property was part of the divorce court’s property division

If the divorce decree expressly awarded the property or one spouse’s interest to a specific party, but title was not transferred or the other party refuses to comply, you may have remedies through the dissolution case:

• File a motion to enforce the divorce decree in family court or circuit court (contempt or specific performance) to compel the transfer or sale ordered by the decree.
• If the decree did not divide property completely or left co-ownership intact, you may still pursue a partition action as described above.

Refer to Kentucky statutes governing dissolution of marriage and property division via the legislature’s statutes search: https://apps.legislature.ky.gov/statutes/. (Look up the chapter on dissolution of marriage for statutory guidance.)

4) Practical matters the court will consider

• Type of ownership — tenants in common versus joint tenancy may affect presumption but not the availability of partition; courts still typically allow partition among co-owners.
• Physical feasibility — if the parcel can be divided fairly without diminishing value, the court may order division in kind; otherwise, it orders sale.
• Liens and mortgages — liens must be satisfied from sale proceeds; a mortgage continues to encumber the property unless paid off.
• Creditors and third-party interests — they may have rights that affect proceeds or the timing of sale.
• Contributions and offsets — a party who paid more for upkeep, mortgage, or improvements may be entitled to reimbursement before the net split.

5) Typical partition process and timeline

1. File complaint for partition in the appropriate circuit court and serve the co-owner(s).
2. Court may appoint commissioners to value property and report whether division in kind is practical.
3. If division in kind is impractical, court orders a sale (public auction or private sale supervised by the court), pays liens and costs, and divides net proceeds.
4. Final distribution and entry of judgment — then parties receive their shares or necessary deeds are recorded to clear title.

Timeframe: a partition case can run from a few months to over a year depending on complexity (title issues, lien disputes, contested valuations, and backlog in the court). Costs include filing fees, attorney fees, appraisal and commission costs, and sale-related expenses.

6) Insolvency, mortgages, and foreclosure risks

If mortgage payments stop, the mortgage holder may foreclose, which can eliminate equity and complicate or preempt a partition action. If a co-owner falls behind on loan payments, consider seeking an order allocating payment responsibility or selling the property promptly to avoid foreclosure.

7) What documents and information to gather before acting

• Deed(s) showing how title is held.
• Divorce decree and any written property settlement agreement.
• Mortgage statements and payoff information.
• Property tax records, insurance policies, and recent appraisals or comparable sale info.
• Receipts or records of major improvements and payments related to the property.

8) When to consult a Kentucky attorney

Consult an attorney if any of the following apply:

• Title or lien questions complicate ownership or priority.
• Large equity or tax consequences are at stake.
• A party refuses to cooperate and you prefer to start a partition action or enforce a divorce decree.
• Mortgage default or imminent foreclosure threatens the property.

To locate Kentucky court rules, local procedures, or specific statutory language, see the Kentucky Court of Justice: https://kycourts.gov/. For statute searches and text, use the Kentucky Legislature’s statutes search: https://apps.legislature.ky.gov/statutes/.

Helpful Hints

• Start by asking for a written buyout or sale agreement—courts prefer that parties try to resolve disputes without litigation.
• Get an updated market appraisal before negotiating or filing suit so you know the likely sale value.
• Document all payments you make for mortgage, taxes, insurance, and repairs—those records help the court allocate credits or reimbursements.
• If you’re behind on mortgage payments, act fast—foreclosure can wipe out equity and limit your remedies.
• Consider mediation — it’s usually faster, cheaper, and gives parties control over timing and tax outcomes compared with a court-ordered sale.
• Ask the court for a temporary order allocating mortgage and tax obligations while the case is pending to prevent default or damage to the property.
• Budget for court and professional fees (attorney, appraisal, broker, and commissioner/referee fees) when planning a partition suit.
• Remember tax implications — selling a marital home or transferring interest can have capital gains and other tax consequences; consult a tax advisor if needed.

Quick resources:

• Kentucky Revised Statutes (searchable): https://apps.legislature.ky.gov/statutes/
• Kentucky Court of Justice (court information and forms): https://kycourts.gov/

Next steps: gather title and financial records, try a negotiated settlement or mediation, and if that fails, talk with a Kentucky real estate or family court attorney about filing a partition action or enforcing the divorce decree.