Detailed Answer
When co-owners of real property in Kansas cannot agree on the logistics of a sale or how to share costs, state law provides several legal paths to resolve the dispute. Co-ownership typically arises when two or more individuals hold title as tenants in common or joint tenants. Below are the primary legal options under Kansas law:
1. Negotiation and Written Agreement
First, co-owners should attempt to negotiate a private resolution. Crafting a written agreement can clarify each party’s rights and obligations regarding sale timing, expense sharing, and net proceeds. A clear co-ownership agreement can prevent future disputes.
2. Mediation or Alternative Dispute Resolution (ADR)
If direct negotiation stalls, consider mediation. A neutral mediator can facilitate settlement by helping co-owners outline options such as one party buying out the others or agreeing on a sale timeline and expense allocation. Mediation is generally faster and less expensive than court.
3. Partition Action in District Court
When private efforts fail, Kansas law allows any co-owner to file a partition action in the district court of the county where the property lies. Under K.S.A. 60-1001 and 60-1002, the court may order:
- Partition in Kind – Physical division of the property if the land can be fairly parceled.
- Partition by Sale – Sale of the entire property at public auction and distribution of proceeds among co-owners according to their ownership shares.
See K.S.A. 60-1001: www.ksrevisor.org/statutes/ksa_ch60.html#60_1001 and K.S.A. 60-1002: www.ksrevisor.org/statutes/ksa_ch60.html#60_1002.
4. Accounting for Expenses and Liabilities
If co-owners disagree on who should pay property-related expenses (taxes, mortgage, maintenance), a co-owner can seek an accounting under K.S.A. 60-1110. The court will determine each party’s fair share of expenses and reimbursements.
See K.S.A. 60-1110: www.ksrevisor.org/statutes/ksa_ch60.html#60_1110.
Helpful Hints
- Document All Agreements: Write down any sales or cost-sharing agreements and have all co-owners sign.
- Keep Detailed Records: Track payments for taxes, repairs, and mortgage contributions.
- Explore Buyouts: One party may buy the others’ interests to avoid a full sale.
- Consider ADR Early: Mediation can preserve relationships while solving disputes faster.
- Consult a Real Estate Attorney: An experienced Kansas attorney can guide you through partition rules and court procedures.
Disclaimer: This article offers general information only. It does not constitute legal advice, and you should consult an attorney to address your specific situation.