Detailed Answer
If you and one or more people inherit real estate in Kansas and one heir lives in the property but refuses to move out or won’t agree to sell their share, Kansas law gives you several paths to resolve the situation. Which path is best depends on whether the estate has been fully administered, whether the occupant is a legal co-owner (an heir or devisee), and whether the occupants are causing damage or preventing reasonable use.
Who legally owns the property?
When someone dies without a final conveyance of real property, ownership typically passes by probate. After probate distribution, multiple heirs commonly hold title as tenants in common unless the will or deed creates a different ownership form. Tenants in common each own a share but have equal rights to possess the whole property. That means a co-owner in possession generally cannot be forcibly evicted by another co-owner simply because they live there, but they also cannot exclude the other owners from access.
Primary legal options under Kansas law
- Negotiate a buyout. Offer a fair cash payment (often based on a current appraisal) for the occupant’s share. A written buyout or settlement avoids court and can be faster and less expensive.
- Mediation or settlement. Use a neutral mediator to reach terms for sale, buyout, or a schedule for vacancy. Courts often expect parties to try alternative dispute resolution before a full trial.
- File a partition action. If you cannot agree, you can ask a Kansas court to partition the property. Under Kansas partition law, the court may divide the property physically (partition in kind) if practical, or order a sale and divide the proceeds among co-owners according to their ownership shares. See the Kansas partition statutes (K.S.A. 60-1001 et seq.) for statutory procedure and remedies: https://www.ksrevisor.org/statutes/chap60/060_010_0001.html.
- Request accounting and rents. If the occupant used the property exclusively and collected rental income or deprived other owners of use, the court can require accounting. The court may award rental value or offset costs against the occupant’s share.
- Ask the court to prevent waste or damage. If the occupant damages the property or wastes assets (removing fixtures, failing to maintain), you can seek injunctive relief to stop harmful conduct and preserve value pending resolution.
What happens in a Kansas partition lawsuit?
When you file a partition action in the county where the property sits, the court will review whether a partition in kind is feasible. If the court cannot fairly divide the land among the co-owners, it will order a sale and divide net proceeds after paying liens, mortgage balances, taxes, court costs, and approved expenses. The court may appoint commissioners to value, divide, or sell the property. Partition statutes and procedures are found in K.S.A. 60-1001 and following sections: https://www.ksrevisor.org/statutes/chap60/060_010_0001.html.
Can you evict an heir who refuses to leave?
Not simply because they are a co-owner. An owner in possession has a right to occupy the property; other co-owners typically cannot use standard eviction (summary possession) remedies against a co-owner in possession. If the occupant is not a legal owner (for example, they never went through probate or were not granted title), you may have different remedies including summary forcible entry and detainer, but outcomes turn on the title and probate status. Where occupancy is by a non-owner (a squatter or former tenant), eviction or forcible detainer procedures may apply.
What about adverse possession?
Adverse possession against a co-owner is difficult. Most jurisdictions restrict or refuse to allow adverse possession claims by a co-owner against another co-owner unless the possessor openly repudiates the other owners’ rights and meets all statutory elements for the full statutory period. Do not assume a long occupation automatically converts to title.
Practical considerations and costs
- Partition suits take time and cost money (filing fees, surveys, attorney fees, appraisal, possible sale costs). Courts will deduct costs from sale proceeds.
- Even if you win a forced sale, the occupant may remain until the sale occurs; the court’s sale order and sheriff’s sale process can take months.
- If you and the occupant want to preserve value, consider repairing, insuring, and maintaining the property, and agree on how expenses and rents are shared while resolving the dispute.
When an estate is not yet closed
If the decedent’s estate remains open, the personal representative (executor or administrator) controls estate assets. The representative may have authority to sell estate property or manage occupancy under the probate authority. If heirs occupy property before final distribution, the representative should be involved in decisions and any lawsuit to protect the estate and the interests of all beneficiaries.
When to consult an attorney
Partition actions, accounting for rents and expenses, disputes about probate authority, and claims of waste or adverse possession involve complex fact-specific law. An attorney who handles real estate and probate disputes can explain likely outcomes, calculate costs and net proceeds, and file necessary pleadings.
Statutory reference (Kansas): Partition statutes: K.S.A. 60-1001 et seq. — https://www.ksrevisor.org/statutes/chap60/060_010_0001.html
Important: This response gives an overview of common legal remedies in Kansas and is for educational purposes only.
Helpful Hints
- Gather documents first: deed, death certificate, will or probate paperwork, mortgage statements, tax bills, and insurance information.
- Get a current appraisal so you and the occupant start from the same dollar figure for buyout negotiations.
- Send a clear written demand for buyout, sale, or vacancy; keep copies of all communication.
- Consider mediation early — it is often faster and far cheaper than litigation.
- If you proceed with court action, be prepared for costs and timeline: partition suits can take months and may require hiring an attorney, surveyor, and appraiser.
- Do not try to forcibly remove a co-owner yourself. Physical self-help can lead to criminal or civil liability.
- If the occupant is causing damage, document it with photos and dated notes; seek temporary injunctive relief if needed.
- Ask whether the estate’s personal representative has authority and whether the property is part of an open probate — that can change who can act.
Disclaimer: I am not a lawyer and this is not legal advice. The information here summarizes general Kansas principles and points you to statutes; it does not replace personalized legal advice. For specific guidance about your situation, consult a licensed Kansas attorney experienced in probate and real estate partition.