Kansas: How to Start a Partition Lawsuit to Split Inherited Land

Disclaimer

This article explains general Kansas law and common steps people take to start a partition action. It does not give legal advice and is not a substitute for consulting a Kansas-licensed attorney about your specific situation.

Detailed answer — overview of the process under Kansas law

If you inherited real property with relatives and they refuse to agree on dividing, Kansas law allows a co-owner to ask a district court to force a partition (division) of the property. The basic legal tool is a petition for partition filed in the Kansas District Court where the land lies. The statute authorizing partition actions is part of Kansas civil procedure (see K.S.A. 60-1001 et seq.). For the statute language, see: K.S.A. 60-1001.

1. Confirm ownership and legal interests

First, determine who legally owns the land and in what form: joint tenants with right of survivorship, tenants in common, or ownership via an estate, trust, or entity. If the heirs hold as tenants in common, any co-owner can force partition. If ownership followed a probate distribution or a trust, you may need to coordinate with the estate personal representative or trustee.

2. Try to resolve the dispute without court

Court files cost time and money. Try these out-of-court steps before filing:

• Request written documentation of each owner’s interest (deeds, wills, probate orders).
• Propose a division plan or buyout offer (one party buys the others).
• Use mediation or neutral appraisal to value the property and negotiate terms.

3. When negotiation fails: filing a partition petition

If discussions fail, one co-owner files a Petition for Partition in the district court of the county where the property sits. The petition must identify the property, the parties, each party’s claimed interest, and the relief requested (partition in kind or sale).

After filing, the court serves the other co-owners. Responding owners can object, cross-claim, or raise defenses (for example, claiming a superior title, outstanding lien, or that the property cannot be physically divided).

4. Partition in kind vs. partition by sale

The court will evaluate whether the property can be fairly divided physically (partition in kind). If dividing the land would be impractical or would significantly reduce value, the court typically orders a sale and divides the proceeds among owners by their ownership shares.

5. If the court orders sale

The court often appoints a commissioner or referee to survey, list, and sell the property (public auction or private sale under court supervision). The sale proceeds pay mortgages, liens, and court-ordered costs; remaining proceeds are distributed to owners according to interests.

6. Credits, liens, and improvements

Co-owners who paid mortgages, taxes, or made improvements may seek credits or reimbursement from the sale proceeds. The court sorts priorities (mortgages and tax liens typically come off first). Expect disputes over credits—document payments and improvements carefully.

7. Timing and costs

A partition case can take several months to more than a year depending on complexity, property type, contested issues, and court scheduling. Costs include filing fees, service costs, attorney fees (if you hire counsel), appraisal and survey fees, and commissioner fees. Courts may allocate some costs to the losing party, but you should not rely on recovering all costs.

8. Situations that complicate partition

Expect complications when property has leases, environmental issues, substantial improvements, or when title is clouded. If the property is inside probate or subject to a trust, coordinate with the personal representative or trustee. Co-owners can also assert counterclaims (quiet title, adverse possession) that extend the dispute.

Practical step-by-step checklist for starting a partition action in Kansas

1. Gather documents: deed(s), death certificate(s), will, probate orders, mortgage and tax records, leases, insurance, and any written agreements among owners.
2. Confirm current ownership shares (deed language or probate distribution).
3. Ask for a professional appraisal to understand value and to support a buyout offer or partition plan.
4. Send a written demand for partition or offer to buy out co-owners. Keep copies of communications.
5. If settlement fails, prepare and file a Petition for Partition in the Kansas district court in the county where the property lies. Serve all known co-owners and lienholders.
6. Be prepared to propose whether partition in kind is feasible or if a sale is appropriate. Provide evidence (surveys, appraisals) to support your proposal.
7. Attend all hearings. If the court appoints a commissioner, cooperate with inspections and sale procedures.
8. Collect proceeds after sale, after liens and costs are paid, or receive a deed to your portion if partition in kind occurs.

How to choose and work with a lawyer

Look for attorneys experienced in Kansas real property, probate, and civil litigation. A lawyer can prepare the petition, handle service, manage court hearings, protect your title rights, and negotiate buyouts. Ask potential attorneys about their partition case experience, likely timeline, and fee structure (flat fee vs hourly vs contingency for sale allocation).

What to expect at trial or hearing

Most partition cases settle before trial once values and division options become clear. If the case goes to a hearing, both sides present evidence about ownership, values, feasibility of dividing, liens, and credits. The judge decides whether to divide the land in kind or to order a sale and appoints an officer to handle the process.

Helpful hints

• Collect and organize all financial records related to the property (taxes, mortgage payments, improvements) to support claims for credits.
• Get a professional appraisal before filing; it strengthens negotiation and the court’s assessment of division vs sale.
• Consider mediation early. Courts often expect parties to try alternative dispute resolution.
• Watch out for liens and unpaid taxes. Mortgages and tax liens typically must be paid from sale proceeds.
• If you want to keep the property, prepare a buyout plan tied to an appraisal and proof of financing.
• Preserve evidence of ownership and payments—photos, receipts, canceled checks, and written agreements help at court.
• Understand that a partition sale can reduce the property’s market value compared with an agreed private sale; consider negotiated sales when possible.