Disclaimer: This is general information only and not legal advice. Laws change and every case turns on its facts. Consult a licensed Kentucky attorney about your situation before taking legal action.
Detailed Answer
Yes — under Kentucky law, a co-owner who wants to sell real property can generally force a sale through a court action called a partition. Partition is the legal mechanism that lets co-owners resolve disputes over title and possession when they cannot agree on whether to keep or sell the property.
How partition works
- Who can bring the action: Any person who holds an ownership interest in the property (for example, as a tenant in common or a joint owner) may file a complaint for partition in the circuit court of the county where the property lies.
- Types of partition: Courts typically recognize two outcomes:
- Partition in kind — the court divides the property physically so each owner receives a portion proportional to their ownership share. This works only when the property can be divided fairly without substantially reducing value (rare with single-family homes).
- Partition by sale — if physical division is impractical or would be unfair, the court orders the property sold and divides the sale proceeds among the co-owners according to their ownership interests after paying liens, taxes, and court-ordered costs.
- Practical result: If co-owners cannot agree and the court finds partition in kind impractical, the court will usually order sale. That accomplishes what a dissenting co-owner otherwise refuses to do.
Common legal and practical issues
- Ownership form matters: Tenancy in common is the most common form where co-owners have separate shares and may force partition. Joint tenancy (with right of survivorship) changes successor rights but still may be subject to partition; an attorney can explain how a particular deed or title language affects your options.
- Mortgages and liens: Outstanding mortgages or liens remain attached to the property. The sale proceeds go first to pay those obligations, then to the owners in proportion to their shares.
- Costs and timing: Partition actions involve court filing fees, possible appraisal and advertising costs, attorneys’ fees, and time (often months). The court may appoint commissioners or a special master to value property and manage sale.
- Possession and use: Filing for partition does not automatically remove a co-owner from the property. If one co-owner is wrongfully excluding another, the complaining owner may need additional claims (for example, for ouster or damages). A court can sometimes grant temporary relief, such as injunctions, to preserve property value during the litigation.
- Buyout options: Before or during litigation, a co-owner can offer to buy out the other owners’ interests. Courts sometimes encourage settlement or mediation because it is faster and less costly.
Where to find the Kentucky law
Kentucky law recognizes partition actions and related procedures in the Kentucky statutes and civil procedure rules. For statute text and chapter organization, see the Kentucky Revised Statutes online at the Kentucky Legislature website: https://apps.legislature.ky.gov/law/statutes/. For practical court information and filing procedures, see the Kentucky Court of Justice: https://kycourts.gov/.
Typical step-by-step process
- Confirm ownership: Obtain the deed(s) and review how title is held (tenancy in common, joint tenancy, etc.).
- Try negotiation/mediation: Offer buyouts, divide costs, or list the property for sale with proceeds split. Mediation is often faster and cheaper than court.
- Collect documents: Deeds, mortgage statements, tax bills, insurance, and any written agreements among owners.
- File a partition complaint: If negotiations fail, file in the circuit court where the property is located and serve all co-owners and interested lienholders.
- Court process: The court may order appraisal, attempt settlement, appoint commissioners, and ultimately order partition in kind or by sale.
- Sale and distribution: If the court orders sale, proceeds pay liens and costs first; the remainder divides according to ownership shares.
Helpful Hints
- Gather title documents early — knowing the deed and any agreements about ownership percentage is essential.
- Try to settle privately — a negotiated buyout or listing the home for sale avoids court costs and delay.
- Consider mediation — courts often favor settlement and many mediators handle partition disputes efficiently.
- Account for liens and mortgages — these get paid from sale proceeds before owners receive their shares.
- Expect appraisal and sale costs — factor in commissions, advertising, and court costs when estimating your net proceeds.
- Talk to a local Kentucky attorney — they can explain how state law, local practice, and your facts (type of ownership, mortgages, family agreements) affect outcomes.
- Protect the property’s value — avoid neglect, unnecessary repairs, or changes that could reduce sale proceeds while the dispute is pending.
If you need next steps, a Kentucky real property attorney can explain procedural requirements in your county, estimate likely costs and timelines, and represent you in negotiation or court.