Detailed Answer

Short answer: In Kentucky, if co-owners of real estate cannot agree, any co-owner may file a partition action in the Circuit Court for the county where the property lies. The court will decide whether to divide the property physically (partition in kind) or order a sale (partition by sale) and distribute the proceeds among the owners after paying liens and costs. Partition actions are governed primarily by Kentucky statutes on partition and by standard civil procedure in Kentucky courts.

Who can start a partition action?

Any person who holds an ownership interest in real property — for example, a tenant in common — can file a partition action. Joint tenants or owners with other forms of co-ownership may also seek partition, although the result can depend on the ownership form and title language.

Key Kentucky law reference

Kentucky law treats partition actions under the statutory chapter on partition. See the Kentucky Revised Statutes on partition for the controlling rules: KRS Chapter 381 (Partition). You should also expect to follow Kentucky civil procedure and local circuit court rules when filing.

Step-by-step: How to start and proceed with a partition action in Kentucky

1. Confirm ownership and identify parties. Obtain a certified copy of the deed(s) and the county property record to confirm each owner’s name and ownership share (e.g., 50/50 tenants in common). Identify all persons or entities with recorded interests, including mortgagees, lienholders, judgment creditors that have recorded liens, and heirs who may claim ownership.
2. Try to resolve the dispute first. Kentucky courts expect parties to attempt a negotiated solution first. Consider a buyout offer, mediation, or selling by agreement. A written demand for partition or offer to buy out can be useful evidence if you later sue.
3. Decide the relief to request in court. Most plaintiffs ask the court for either (a) partition in kind (an actual division of the real estate so each owner gets a portion) or (b) partition by sale (a public or court-ordered sale and distribution of proceeds). If physical division is impractical or would materially reduce value, the court frequently orders a sale.
4. Prepare the complaint for partition. File a complaint (sometimes called a petition) in the Circuit Court for the county where the property is located. The complaint should:
   • Identify the property (by legal description),
   • Name every owner and every person or entity claiming an interest,
   • State each claimant’s interest or share, if known,
   • Describe your requested remedy (partition in kind or sale),
   • Request appointment of commissioners or a master, if applicable, and
   • Ask the court to award costs, sale expenses, and payment of liens from sale proceeds.
5. Service and notice. Serve the complaint and summons on all defendants and interested parties according to Kentucky Rules of Civil Procedure. If someone’s identity or location is unknown, the court may permit service by publication after appropriate steps to locate them.
6. Court procedures and possible interlocutory steps. Defendants may answer, admit, deny title, or raise defenses (for example, equitable claims, claims of adverse possession, or assertions that the property should not be divided). The court may order discovery, hearings, and valuation of the property. If partition in kind is requested, the court will consider whether physical division is feasible without prejudice to the owners.
7. Appointment of commissioners or a master. If the court orders partition in kind, the judge typically appoints commissioners to survey and divide the property. If the court orders a sale, the court may appoint a commissioner or special commissioner to conduct the sale under court supervision.
8. Addressing liens and mortgages. Liens and mortgages generally remain attached to the property. Before distribution of sale proceeds, the court will typically require payment of valid liens in order of priority. If a mortgage exists, the mortgagee’s rights must be considered and satisfied from sale proceeds unless the parties agree otherwise.
9. Sale and distribution of proceeds. If the court orders a sale, the sale proceeds are distributed among owners according to their ownership shares after paying liens, taxes, sale costs, and court costs. The court issues a final decree to confirm distribution.
10. Possible appeals and enforcement. Either party may appeal certain court orders. After a final decree, any further disputes over the distribution can be handled by the court that retains jurisdiction to enforce its decree.

Common defenses and complications

• Equitable claims: A defendant may claim improvements or contributions that justify an accounting or adjustment before distribution.
• Adverse possession claims: Someone may assert title by adverse possession — these claims require proof of statutory elements and may complicate the partition.
• Unrecorded interests: Unrecorded agreements (e.g., oral agreements) can create factual disputes that prolong litigation.
• Family or trust issues: If property is held in trust, or if heirs claim interests through probate, extra procedural steps may be needed.

Practical timeline and costs

Partition cases vary widely. Simple matters may resolve in months; contested matters with valuation disputes, liens, or complex title issues can take a year or more. Costs include filing fees, service fees, attorney fees, costs for surveys and appraisals, and sale-related expenses. The court may allocate some costs to the losing party, but parties often bear their own attorney fees unless a contract or statute permits fee shifting.

When to consult an attorney

Because partition actions involve property law, title issues, and potentially complicated equitable claims, consult an attorney if:

• Ownership shares are disputed or unclear,
• There are mortgages, liens, or tax issues,
• There are improvements, trespass, or claims for reimbursement,
• You want to pursue a buyout or settlement instead of litigation, or
• You are unsure how to prepare the complaint or serve parties.

Statutes and court rules to review

Review the Kentucky partition statutes and applicable court rules before filing: KRS Chapter 381 — Partition. For court procedure and local practice, see the Circuit Court rules on the Kentucky Court of Justice website: Kentucky Court of Justice.

Important disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Kentucky attorney familiar with partition actions.

Helpful Hints

• Gather key documents before you file: deeds, mortgages, tax bills, title reports, surveys, and any written agreements among owners.
• Get a current title search. That identifies liens, encumbrances, and other parties who must be named in the lawsuit.
• Ask whether partition in kind is practical. Courts prefer division when it is fair and feasible, but division can reduce value for some property types (e.g., single-family homes on one lot).
• Obtain an appraisal early. A professional valuation helps the court decide whether to divide or sell and supports any buyout offers.
• Consider mediation. A mediated settlement can save time and money compared with a contested partition action.
• Expect lien holders (mortgagees, judgment creditors) to protect their interests. They may need to be joined and paid from sale proceeds.
• Keep records of payments and improvements you made to the property — you may be entitled to reimbursement or credit in the accounting the court orders.
• If you are a nonresident co-owner, learn how service of process is handled so you do not miss deadlines.
• Ask about fee-shifting possibilities. Some agreements or rare statutory provisions allow recovery of attorney fees; otherwise, each party typically pays its own attorney fees unless the court directs otherwise.