Detailed answer — step‑by‑step under Kansas law

1. Figure out who legally owns the property now

Start with the recorded deed, the county register of deeds, and any probate filings. Ownership can be in one of these common situations:

• The decedent owned the house solely and the property is still part of the probate estate.
• The decedent owned the house as a joint tenant with right of survivorship and title passed immediately to the surviving joint owner(s).
• The decedent owned an interest as a tenant in common so the decedent’s share passed to heirs (by will or by intestate succession).

You can only bring a partition action against the current legal owners. If the house is still part of an open probate estate, talk with the personal representative or probate court clerk about distribution. If the estate hasn’t been opened, the court handling probate may need to resolve title first.

2. Confirm that partition is available

Kansas law allows a co‑owner to maintain an action for partition of real estate. If two or more persons own the property as tenants in common or jointly, any co‑owner may seek partition. The statute that establishes this right is the Kansas partition statute (see K.S.A. 60-1001 and following).

Relevant statute (text and procedure): K.S.A. 60-1001 et seq. (see your county statute listings or state code website for the exact text).

3. Prepare the partition petition

A partition action typically asks the district court to either:

• Partition in kind — physically divide the land between co‑owners (rarely possible with a single-family house), or
• Partition by sale — order a sale and divide net proceeds among the owners by their ownership shares.

The petition should identify:

• Legal description of the property;
• All named owners and interested parties (heirs, executors, lienholders, mortgagees);
• The petitioner’s ownership share and requested relief (sale and division of proceeds); and
• Any facts that affect partition (mortgages, liens, homestead claims, life estates).

4. Serve all parties and lienholders

You must notify every co‑owner and any party with an interest in the property (mortgage lenders, judgment lien creditors, the personal representative of an estate, and known heirs). If some parties cannot be located, the court may permit service by publication.

5. Court appointment of a commissioner or sale procedure

If the court orders sale, Kansas courts typically appoint a commissioner to sell the property at public sale or by other method the court directs. The commissioner reports back to the court, and after confirmation the court directs distribution of the sale proceeds, paying liens and costs first.

6. Distribution and closing the case

After the sale the court signs an order confirming sale and directing distribution of net proceeds according to ownership shares and priority of liens. The court’s order becomes the final judgment in the partition case.

7. Timelines, costs, and appeals

Partition cases vary widely in length. Simple, uncontested sales can finish in a few months. Contested cases (disputes about title, homestead, or lien priority) take longer. The petitioner typically pays initial filing fees and costs; the court may later allocate costs between parties.

8. Special situations to watch for

• If the property remains in probate, the personal representative may need authority from the probate court before the property can be sold.
• Homestead or survivorship rights can affect who has the right to possession or whether a forced sale can occur without consent.
• Mistakes in the chain of title, adverse possession claims, or unresolved liens will complicate the case.

Statutory references

Kansas partition law is found in the statutes governing actions for partition. For the statutory text, search the Kansas statutes for “partition” or see the statutes indexed under Chapter 60 (Civil Procedure) at the Kansas statutes site. Example statute: K.S.A. 60-1001 and following (partition actions).

Probate and intestate succession rules (which determine whether an heir owns the decedent’s interest) are in the Kansas Probate Code (Chapter 59). If the property is part of an estate, those provisions determine whether title has vested in heirs or remains in the estate.

Common issues and defenses opponents raise

• Claim of homestead exemption or family allowance delaying sale.
• Dispute over whether title passed by survivorship or by probate.
• Existing mortgages or liens that must be paid from sale proceeds.
• Claims that the property is not partitionable in kind (court then orders sale).

When to consider hiring an attorney

You should strongly consider a lawyer if any of the following apply:

• Multiple heirs or potentially unknown heirs exist.
• Mortgages, tax liens, or judgment liens encumber the property.
• Someone claims a homestead, life estate, or survivorship right.
• The other owners object or refuse a negotiated buyout.
• You need to coordinate probate and partition matters.

An attorney can prepare pleadings, manage service, identify and deal with liens, represent you at hearings, and help negotiate buyer offers or buyouts.

Helpful Hints

• Verify title at the county register of deeds and get copies of the deed and mortgage records.
• Obtain a death certificate and a copy of the will (if any) and any probate filings.
• List all possible owners and lienholders before filing to avoid delays on service.
• Consider valuation and a realtor appraisal to evaluate buyout offers before asking the court to sell.
• Explore negotiated solutions first: a voluntary sale, buyout, or partition agreement avoids court costs.
• If you file, move quickly to preserve the property value, pay insurance, and maintain the house.
• Keep a written record of expenses and improvements; courts can adjust distributions for necessary costs paid by a co-owner.
• Ask the court about mediation options; many judges urge mediation before a contested partition sale.