Disclaimer: This article does not provide legal advice. It offers general information on Kansas law. Consult an attorney for guidance.
Detailed Answer
In Kansas, any co-owner can file a partition action to divide real property. Under K.S.A. 60-401, a tenant in common may sue to partition land. You can begin this process any time—even after separation but before divorce.
First, confirm how you hold title. Joint tenants and tenants in common face different rules. Kansas does not recognize tenancy by the entirety. Most spouses are tenants in common unless they expressly hold as joint tenants.
Next, file a partition suit in the district court where the property sits. Name your spouse as a defendant. The court will attempt a physical division (“partition in kind”). If that proves impractical, it will order a sale. The court then allocates proceeds based on ownership shares.
Separate property actions may affect your divorce. Under K.S.A. 60-1610, a divorce court has authority to divide marital assets. If you pursue partition before final divorce, inform your divorce attorney. The court may consolidate actions or adjust its property division.
Finally, ensure you meet all procedural requirements. The district court will require a legal description of the land, service of process on your spouse, and payment of filing fees. Prepare for possible objections or counterclaims.
Helpful Hints
- Document your property ownership. Obtain a certified copy of the deed.
- Verify if the property qualifies as marital or separate under divorce law.
- Check county court rules for partition procedures and fees.
- Consider mediation to reach an agreement before filing suit.
- Consult a local family law attorney to coordinate partition with divorce proceedings.