Detailed Answer

Short answer: Yes — under Kansas law you can ask the court to appoint a commissioner (sometimes called a commissioner, referee, or special commissioner) to oversee a private sale of partitioned real estate, but the decision is within the court’s discretion. The court will require clear notice to all owners, evidence that a private sale is fair and in the best interest of the parties, and compliance with statutory and procedural safeguards before approving the appointment and confirming the sale.

What a partition action is and why a commissioner may be needed

A partition action asks the court to divide property co-owned by two or more persons. When the property cannot be conveniently divided in kind (physical division), the usual remedy is a sale of the property and distribution of the proceeds among the owners. Courts commonly appoint a neutral officer — a commissioner or referee — to carry out the sale and report back to the court.

How Kansas law treats appointment and sale in partition cases

Kansas courts have authority to supervise partition sales and to appoint an appropriate officer to conduct the sale. While the statutes and court rules give the court broad powers to manage the mechanics of the partition (including appointing commissioners and approving sales), the court must be satisfied that any private sale is fair, provides adequate notice to interested parties, and protects the owners’ rights.

For statutory guidance on partition procedures, see the Kansas statutes governing partition actions (commonly cited as K.S.A. chapter sections on partition). You can review the partition statutes at the Kansas Legislature site: https://www.kslegislature.org/. (Ask an attorney to point to the precise section that applies to your case.)

When courts will allow a private sale to a buyer you bring

The court will consider a private sale when a public auction would be unlikely to produce fair market value, when parties agree to a sale method, or when an offered private sale price is demonstrably reasonable compared to appraisals or market evidence.
If you (or an owner) propose a private sale to a specific buyer, the court will examine potential conflicts (for example, if an owner or the proposed buyer is closely related to the commissioner or the selling party), and require disclosure and safeguards so the transaction is arms-length and fair.
The court often requires independent appraisal evidence or comparable sales data to justify deviating from a public sale.

Typical procedural steps to seek appointment and approval

File a motion or application with the court asking for appointment of a commissioner and describing the proposed private sale (price, buyer identity, terms, and any contingencies).
Provide full notice to all parties and interested persons (co-owners, liens holders, and mortgagees) as required by the court rules and statutes so they may object or consent.
Submit supporting evidence: appraisal(s), comparative market analysis, financing proof from the buyer, and a proposed order appointing a disinterested commissioner and defining duties and compensation.
If the court appoints a commissioner, the commissioner will typically handle the sale process, provide an accounting, and file a report for confirmation by the court.
The court will hold a confirmation hearing and may deny confirmation if the sale price or process appears unfair. Only after confirmation does the sale become final for purposes of distribution and extinguishing co-owner claims.

Practical considerations courts look for

Courts evaluate whether the private sale:

Provides fair market value or a satisfactory justification if it does not;
Is negotiated at arm’s length with full disclosure of any relationships that might create conflicts;
Protects lienholders or mortgagees (their consent or notice may be necessary); and
Includes protections for co-owners such as time for objections and, in some instances, an opportunity to match the offer.

Potential obstacles and common reasons a court might reject a private sale

Insufficient notice to interested parties or lienholders.
Lack of independent valuation or evidence that the price is fair.
Apparent self-dealing or undisclosed relationships between buyer, seller, and commissioner.
Procedural defects in how the sale was arranged or in the commissioner’s report.

What to do if you want the court to appoint a commissioner for a private sale

Prepare a clear motion and a proposed order for the court, attach evidence supporting the sale price and buyer’s ability to close, and propose a neutral, competent commissioner (or ask the court to appoint one). Make sure you give full and timely notice to all parties and lienholders. Be ready to explain why a private sale is preferable to a public sale and how you will protect the other owners’ interests.

Evidence the court will expect

Independent appraisal or broker price opinion.
Written purchase offer with financing proof or proof of funds.
Proposed sale agreement and proposed commissioner appointment order.
Notice affidavit showing all interested parties were informed.

How confirmation and distribution work

After the commissioner completes the sale, the commissioner files a report and accounting. The court reviews the sale, hears objections, and decides whether to confirm. If confirmed, the court’s order authorizes distribution of proceeds to owners and pays liens and the commissioner’s fees as required. Until confirmation, parties can object and the sale may be set aside.

Where to find the exact Kansas rules and statutes

Statute sections governing partition procedure and court supervision can be found through the Kansas Legislature’s statutes search: https://www.kslegislature.org/. County court local rules and practice also affect procedure, so check the district court rules in the county where the property lies.

Final points

Because the outcome often turns on local practice, the judge’s expectations, and the particular facts (price, buyer, relationship among parties), you should prepare a carefully documented motion and be ready to show why a private sale is the best and fairest option. Courts frequently approve private sales when they are well-documented and shown to serve the owners’ interests; they reject private sales that appear to favor one owner or a connected buyer without adequate protections.

Disclaimer: This article explains general principles under Kansas law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Kansas attorney experienced in partition and real estate litigation.

Helpful Hints

Hire a Kansas attorney with partition experience before filing motions — they can draft the motion, proposed order, and required notices.
Obtain at least one independent appraisal to support a private sale price.
Propose a clearly neutral commissioner or ask the court to appoint one to avoid appearance of self-dealing.
Provide the court and co-owners with the buyer’s proof of funds or financing pre-approval.
Serve lienholders and mortgagees early; their consent or payoff figures simplify confirmation.
Be transparent: disclose any relationships between the buyer, seller, or commissioner in the motion and supporting papers.
Prepare for a confirmation hearing — expect questions about value, procedure, and fairness.
Check local district court rules in the county where the property lies for specific filing and service requirements.