Short answer

If the co-owned house was sold after a judicial partition in Kansas, the court (or the court-appointed commissioner) must provide an accounting and order how net sale proceeds are distributed. To get your share you will need the court’s distribution order and the clerk to issue payment to you, or—if someone refuses to turn over funds—ask the court to enforce its order. If the sale happened outside court or the distribution is disputed, you can ask the partition court for an accounting, distribution, or enforcement remedy. This is general information and not legal advice.

Detailed answer — step by step under Kansas law

1. Know what type of sale and who holds the money

In a Kansas partition action, the court controls the sale process. The sale can be a public auction or a private sale under court order. If the court conducted the sale, the funds normally go to the court registry, the sheriff, or a court-appointed receiver/commissioner. The clerk or receiver must hold and then distribute net proceeds according to the court’s directions. See the Kansas statutes and rules governing civil actions and partition procedures for more detail: https://ksrevisor.org/statutes/chapters/ch60/.

2. Calculate “net proceeds”

Net proceeds equals the sale price minus permitted deductions. Typical deductions include:

• Mortgages, deeds of trust, or recorded liens that have legal priority (they must be paid from sale proceeds).
• Costs of sale: broker fees (if any), sheriff or auctioneer fees, closing costs, title fees.
• Real estate taxes and assessments that are due or that the court orders paid.
• Costs of the partition action: court costs, fees for a commissioner/receiver, and sometimes attorney fees if the court has awarded them.

After these deductions, the remaining amount is distributed among the co-owners according to their legal interests (for example, tenancy in common shares shown in the deed or as adjudicated by the court).

3. How ownership shares are determined

The usual rule: distribute the remaining proceeds according to each owner’s legal share. If owners hold as tenants in common, shares are determined by deed, will, or proof of contribution. If ownership percentages are disputed, raise the issue in the partition case and ask the court to determine each party’s share before distribution.

4. Get the court accounting and distribution order

Ask the clerk of the district court handling the partition for:

• The final sale accounting or settlement statement (shows gross sale price and deductions).
• The court’s order directing distribution of proceeds.

If the clerk or a receiver holds funds, the court order will direct payment to each party. If a co-owner was supposed to receive funds but did not, you can file a motion with the same court to enforce the distribution order.

5. If you are being denied your share

Common remedies in Kansas include:

• Motion to compel distribution or accounting in the partition case.
• Motion for contempt if someone disobeys a court distribution order.
• If funds were improperly distributed to a co-owner, seek relief from the court: an order to recover funds (restitution), or a separate civil claim for conversion or unjust enrichment if appropriate.

6. If the sale was private or outside court supervision

If co-owners sold the property privately without proper partition procedures or without following a court order, you can go to the district court and ask for an accounting, to set aside the sale, or for damages. File a motion in the partition case (or open a partition case) asking the court to determine rightful distribution and resolve liens, credits, and reimbursements for improvements or payments on the mortgage.

7. Adjustments, credits, and reimbursements

The court can adjust distributions to reflect:

• Payments one co-owner made for mortgage, taxes, or repairs—court may order reimbursement before splitting the remainder.
• Contributions to improvements that increased sale value—claims for reimbursement or credit may reduce the distributive share of others.
• Attorney fees and costs if the court awards them pursuant to the facts of the case.

8. Practical steps you should take now

1. Get copies of the deed, sale closing statement, mortgage payoff statements, and the court file in the partition case (district court clerk).
2. Confirm whether the court has already ordered distribution and who currently holds the funds (clerk, sheriff, receiver, or a co-owner).
3. Request the final accounting and a signed distribution order from the court.
4. If distribution is delayed or refused, file a motion in the partition case to compel distribution and request enforcement (or contempt) as needed.
5. Consider hiring an attorney if the distribution is contested, if the accounting appears wrong, or if funds were misappropriated.

For statutory guidance on Kansas civil procedure and partition actions, see the Kansas Statutes and the district court rules: https://ksrevisor.org/statutes/chapters/ch60/.

Helpful Hints

• Keep all documents: deed, closing statement, mortgage payoff, tax bills, repair receipts, and any court papers. These items prove contributions and expenses.
• Get the district court case number. With a case number you can obtain filings and orders from the clerk without delay.
• Request a written accounting from whoever held the proceeds (clerk, receiver, or co-owner). The accounting should list gross sale price and every deduction.
• If the accounting seems incomplete, ask the court for a forensic accounting or an auditor/receiver appointment.
• Act promptly. Statute of limitations and court deadlines can affect your ability to seek relief after a disputed distribution.
• If you are owed money but cannot locate the funds, ask the court about post-judgment remedies (garnishment, writs) and contempt options.

Where to find help

Obtain copies of Kansas statutes and district court rules online at the Kansas Revisor of Statutes: https://ksrevisor.org/statutes/ and contact the clerk of the county district court that handled the partition case for file access and guidance on filing a motion. If the distribution is contested or complex, consider consulting an attorney who handles partition, real estate, or civil litigation in Kansas.

Disclaimer: This article explains general procedures under Kansas law and is for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed attorney in Kansas.