Detailed Answer
Under Kentucky law, a co-owner can force the sale of jointly owned real property through a partition action. Partition actions are governed by Kentucky Revised Statutes (KRS) §382.010 et seq. These statutes outline the procedure for dividing property “in kind” or, when that is impractical, ordering a sale at public auction.
1. Initiating the Partition Complaint
The process begins when one co-owner files a complaint for partition in the circuit court of the county where the property lies. See KRS 382.020. The complaint must name all known co-owners and describe the property.
2. Appointment of Commissioners
After summons and service, the court appoints three commissioners—neutral parties tasked with evaluating whether the land can be divided fairly in kind. See KRS 382.100. Commissioners inspect the property, value each portion, and report back to the court.
3. Partition in Kind vs. Partition by Sale
If commissioners conclude the property cannot be divided equitably—due to size, topography, or improvements—the court may opt for sale instead of division. This determination ensures each co-owner’s interest is protected.
4. Court Order for Sale
When partition in kind is impractical, the court issues an order of sale under KRS 382.160. The property sells at public auction under standard sheriff’s-sale procedures.
5. Distribution of Proceeds
After sale, the court apportions net proceeds among co-owners according to their ownership shares, unless the complaint or deed specifies otherwise. See KRS 382.170.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws change over time. Consult a qualified attorney for guidance on your specific circumstances.
Helpful Hints
- Review deeds and title commitments to confirm each co-owner’s interest.
- Attempt mediation or negotiation with co-owners before filing a partition.
- Collect maps, surveys, and property descriptions to assist commissioners.
- Be aware of court fees, deposit requirements, and potential bond obligations.
- Consider early consultation with a real estate attorney to streamline the process.