Detailed Answer

Short answer: If the other party asks the court only to sell the house and does not propose buyout terms, you have several procedural and practical options under Kentucky law: oppose or ask the court to delay the sale, ask the court to set buyout or valuation procedures, request temporary exclusive possession or contribution orders, seek mediation or settlement, and/or file motions to protect your financial interests. Which options make sense depends on whether the property is marital (divorce) or co‑owned (partition) property, who holds title, and whether there is a mortgage.

How courts commonly handle requests to sell real property

In both divorce cases and civil partition actions, Kentucky courts can order a sale of real property if co‑owners cannot agree. A court-ordered sale usually means a public or private sale supervised by the court (or its appointed commissioner), with sale proceeds distributed according to the court’s final property division. If the moving party asks only for sale (without buyout terms), the court will typically consider practical issues at a hearing: valuation, liens and mortgage payoff, allocation of sale costs, any occupancy or contribution by the parties, and how net proceeds will be divided.

Practical options you can pursue

Ask the court to set valuation before sale. Request an appraisal or Court‑ordered valuation so any potential buyout is based on a current market value rather than a later auction price.
File a motion asking the court to set buyout procedures. Ask the court to allow one party to buy out the other at a price based on appraisal or formula (for example, appraised value minus outstanding mortgage and agreed credits), and set a deadline and financing requirements for the buyer.
Move to delay or enjoin sale while you pursue refinancing or a settlement. If you need time to refinance the mortgage into your name or raise funds to buy out the other owner, ask the court for a continuance or temporary restraining order preventing immediate sale.
Seek temporary exclusive possession or contribution for occupancy. Ask the court to grant one party temporary exclusive possession (common in divorce) or to order the occupying party to pay fair rent/contribute to mortgage, taxes, insurance, and maintenance until final resolution.
Request partition in kind (if feasible). In rare cases with large parcels, the court may divide property instead of selling. If the property can’t be reasonably partitioned, the court usually orders sale.
Propose mediation or settlement negotiations. Propose mediation to craft buyout terms, payment schedule, and who pays closing costs. Courts often welcome settlements and may approve agreed terms rather than forcing a sale.
Ask the court for sale safeguards. If sale proceeds are likely to be divided, ask the court to set minimum bids, require a licensed realtor or auctioneer, and require that closing not proceed until mortgage and liens are handled and a final accounting is filed.
Protect your credit and mortgage exposure. If you remain on the mortgage after any sale order or distribution, ask the court to require the buyer to remove the other party from the mortgage or require proof of refinancing before title change.

What to prepare and bring to court

Current mortgage statements, payoff quotes, and title documents.
Recent tax assessments, homeowner insurance bills, and maintenance cost records.
A current real estate appraisal or two broker price opinions (BPOs).
A proposed buyout calculation showing how you think proceeds should be split (include credits for mortgage payments, improvements, and contributions).
If asking for exclusive possession, evidence of who lives in the home and ability to maintain mortgage payments or refinance.

Timing and court procedure tips

Respond quickly to any motion for sale. Failing to respond can let the court grant sale without hearing your proposal.
Attend the hearing prepared to make a concise request: appraisal first, buyout option, or stay pending refinancing/mediation.
Ask the court to allocate sale costs (Realtor fees, closing costs, commissioner fees) before dividing net proceeds.

Tax and financial considerations

Sale proceeds may have capital gains tax implications. Keep records of purchase price, improvements, and selling costs.
Be aware that paying off a mortgage or refinancing may require credit checks and time to secure financing; raise that timeline with the court if you need it to exercise a buyout.

When to get a lawyer

Get a Kentucky real estate or family law attorney if the other side pushes for a quick sale, if you need help drafting a buyout proposal, or if you face complicated lien or mortgage issues. A lawyer can file tailored motions (e.g., motion to require appraisal, motion to stay sale, motion for temporary exclusive possession) and negotiate terms that protect your financial interests.

Helpful Hints

Do not ignore a motion for sale—file a timely written response or appear at the hearing.
Get an independent appraisal early; courts often rely on neutral valuations when buyout disputes arise.
Consider mediation—courts prefer settlements, and a mediated buyout is often cheaper and faster than a court-ordered sale.
Request the court require removal of any non‑mortgage liens before distribution of proceeds.
If you plan to buy out the other party, secure pre‑approval for financing and present proof to the court to show you can close within the court’s timeframe.
Document property contributions you made (repairs, mortgage payments) to argue for credits in any division of proceeds.
Ask the court to set a minimum sale price or require a certified appraisal to avoid forced auction at a low price.

Next steps: If you want to preserve the possibility of buying the house or otherwise avoid an immediate sale, file a written response and/or motion asking the court to (1) order valuation, (2) set buyout procedures or a stay, and (3) require any buyer to show financing or refinance before title transfer. Consider seeking a short-term temporary order for occupation or contributions while you pursue those remedies.

Disclaimer: I am not a lawyer. This explanation is educational only and not legal advice. For advice about your specific situation, consult a licensed Kentucky attorney experienced in family law or real estate litigation.