Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When property passes to multiple heirs in Kentucky, those heirs become co-owners (tenants in common) by default. Each co-owner holds an undivided share and has equal rights to possess, use, and enjoy the entire property, regardless of the size of their share.
Possession and Use: Every co-owner has a right to occupy the property. One heir cannot exclude another from living on or accessing the home absent a court order.
Requesting a Partition: If co-owners cannot agree—one wants to live in the home while another wants to sell—a co-owner may file a partition action under Kentucky Revised Statutes (KRS) Chapter 392. Through this lawsuit, the court can:
- Order a partition in kind (physical division) if it’s feasible.
- Order a partition by sale if dividing the land isn’t practical. A court-appointed commissioner sells the property and distributes net proceeds among heirs according to their ownership shares.
See KRS 392.200 for general partition rules (https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39310) and KRS 392.220 for partition procedures (https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39311).
Occupant’s Rights and Obligations: The heir living on the property may owe “occupancy rent” to co-owners if the partition action requests an accounting of use and profits. The court will calculate fair market rent for the period of exclusive occupancy and adjust each owner’s share accordingly.
Buyout Option: Co-owners can negotiate a buyout. The occupant heir pays the fair market value of another heir’s share, confirmed by a professional appraisal. This alternative avoids court intervention.
Probate Considerations: If the estate remains open, the executor or administrator must approve any sale or partition. Court permission may be necessary to protect creditors and ensure proper distribution of sale proceeds.
Helpful Hints
- Obtain a professional appraisal to set a fair value before proposing buyouts or rent calculations.
- Review the probate court’s orders to confirm whether the property has been fully distributed.
- Consider mediation to reach a voluntary agreement and avoid litigation costs.
- Document any improvements or repairs made by an occupying heir to support reimbursement claims.
- Keep clear records of expenses (taxes, insurance, maintenance) and discuss cost-sharing arrangements early.
- Consult a Kentucky attorney if you need representation for a partition suit or estate matter.