Short answer
If you and your sister co-own real property in Kentucky and she refuses to cooperate, you can ask a Kentucky circuit court to force a partition (a court-ordered division or sale) of the property. The court can either physically divide the land (partition in kind) or order a sale and divide the proceeds among owners after paying liens and costs. This requires filing a partition complaint in the circuit court for the county where the property is located and following Kentucky’s procedures for notice, valuation, appointment of a commissioner, and sale.
Detailed answer — How a partition action works under Kentucky law
1. Who can file and where to file
Any person who has a legal or equitable interest in land may bring a partition action in the Kentucky Circuit Court for the county where the property is located. Kentucky law provides for partition of land and related remedies. See Kentucky statutes on partition for the governing rules and procedures (KRS Chapter on partition). For circuit court jurisdiction, see Kentucky Court of Justice information for circuit courts: https://courts.ky.gov/Courts/Circuit/Pages/default.aspx.
2. Ownership type matters (tenants in common vs. joint tenants)
Before filing, confirm how title is held. If you and your sister hold title as tenants in common (each owning a distinct share that can be sold or inherited), a partition action is the common remedy. If title is held as joint tenants with right of survivorship, the court may still allow a partition, but legal consequences differ (a joint tenancy may require severance before partition). A title search or an attorney’s review of the deed will clarify ownership form.
3. Try negotiation and settlement first
Courts generally favor parties trying to resolve disputes themselves. Before filing, try: a buyout offer, selling the property by mutual agreement, or mediation. If you can’t reach agreement, proceed to court.
4. What to include in the partition complaint
A complaint for partition commonly includes:
- Names and addresses of all owners and occupants.
- A clear legal description and street address of the property.
- A statement of each owner’s claimed interest or percentage.
- Facts showing that the property cannot be fairly divided by agreement.
- A specific request for relief: partition in kind or sale and distribution of proceeds; appointment of a commissioner or master to value/sell the property; and payment of liens, taxes, costs, and fees.
- Attachments: deed(s), title information, mortgage or lien records if available.
5. Service, response, and initial hearings
After filing, you must serve the complaint and summons on your sister and any other interested parties (mortgage holders, lienholders). The defendant can file an answer, raise defenses, or assert counterclaims (e.g., claim of unequal contributions or improvements). The court may hold initial hearings on temporary orders (like possession or payment of taxes) and on whether partition in kind is feasible.
6. Partition in kind vs. sale
The court decides whether to divide the property physically (partition in kind) or order a sale. A partition in kind is preferred when it is practical and fair, but if the property cannot be divided without prejudice (e.g., single-family home on one lot), the court will likely order a sale and divide proceeds among owners in proportion to their interests.
7. Appointment of commissioner or master and valuation
The court typically appoints a commissioner, master, or appraiser to evaluate the property, arrange sale procedures, or effect a partition. The commissioner prepares a report and the court reviews and confirms it. If the court orders sale, the commissioner or appointed officer conducts the sale under court supervision.
8. Paying liens, costs, and distributing proceeds
Sale proceeds generally pay valid liens and mortgages first, then costs of sale, court costs, and any commission. The remainder is divided among owners according to their legal interests. If one owner has paid more of the mortgage or made improvements, the court may adjust distributions for equitable reasons.
9. Timeline and costs
Partition actions can take several months to over a year depending on complexity, contest, liens, appraisal needs, and court calendar. Costs include court filing fees, service fees, appraisal or commission fees, possible attorney fees, and costs of sale. If you and your sister settle, costs are far lower.
10. What if your sister objects or delays?
Your sister can object, dispute ownership shares, challenge valuation, or assert offsets for improvements. Courts have powers to manage delays: set schedules, impose sanctions, or proceed despite obstinacy. In some cases, the court can order sale over objection if partition in kind is impractical.
11. Tax and mortgage consequences
Sale may create capital gains tax or other tax consequences depending on basis and ownership history. Mortgage or deed of trust stays attached to the property until paid; lenders may enforce mortgage rights. If a mortgage exists, proceeds from sale usually pay the mortgage first. Consult a tax advisor and check the mortgage terms.
12. Statutes and official resources
Kentucky statutes governing partition proceedings appear in the Kentucky Revised Statutes (search for the chapter on partition). For statutory language and procedures, start with the Kentucky legislature’s statutes pages: https://apps.legislature.ky.gov/. For information about filing in circuit court, see the Kentucky Court of Justice: https://courts.ky.gov/. (If you want exact statute citations, a Kentucky real estate or civil procedure attorney can point to the specific KRS sections that apply to partition.)
Helpful Hints — Practical steps to prepare and improve your chances
- Order a title report or do a deed search at the county clerk’s office to confirm ownership, liens, and encumbrances.
- Collect deeds, mortgage statements, tax bills, insurance policies, and records of payments or improvements.
- Try mediation or a buyout offer first — courts often encourage settlement and it saves time and money.
- Get a current appraisal before filing so you know approximate value and can make or evaluate an offer.
- Consider offering to buy out your sister’s share at fair market value if you want to keep the house.
- Keep detailed records of any money you paid for mortgage, taxes, utilities, or improvements — the court may consider these when dividing proceeds.
- Expect the court to require notice to mortgage holders and lienholders — unresolved mortgages usually get paid from sale proceeds.
- Consult a Kentucky real estate or civil litigator early — drafting the complaint correctly and handling service and third-party notices is important.
- Ask about temporary orders if you’re worried about your sister removing belongings, refusing access, or failing to pay taxes or mortgage.
- Plan for tax consequences — speak with a tax professional about capital gains, basis, and possible exemptions.