Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Kansas, co-owners of real property can force a sale when they cannot agree on use or division. Kansas Statutes Annotated (K.S.A.) 58-2401 et seq. governs partition actions. A partition hearing lets a court decide whether to divide the land (partition in kind) or sell it and split proceeds (partition by sale).
1. Filing a Partition Action
A co-owner files a complaint in district court under K.S.A. 58-2401. The complaint must:
- Identify the property and all co-owners.
- State each party’s interest.
- Ask the court to partition or sell the property.
2. Serving Co-Owners
The plaintiff must serve all co-owners with summons and complaint. The court gains jurisdiction once each party receives proper notice.
3. Appointment of Commissioners
Under K.S.A. 58-2404, the court appoints three disinterested commissioners. They inspect the land, value it, and report whether a fair physical division is possible.
4. Partition in Kind vs. Partition by Sale
K.S.A. 58-2406 directs the court to partition in kind if it “will promote the convenience of the owners or better secure justice.” If commissioners find a fair physical division is impractical, the court orders a sale.
5. Conducting the Sale
When the court orders sale, it sets terms and appoints a representative (often the sheriff) under K.S.A. 58-2410. The property sells at public auction. The court confirms the sale after bidding ends.
6. Distributing Sale Proceeds
The court allocates net proceeds to each co-owner based on ownership share and any liens or expenses, per K.S.A. 58-2411. It issues a final decree closing the action.
Helpful Hints
- Gather deeds, title records, and mortgage information before filing.
- Discuss mediation with co-owners to avoid court costs.
- Hire a surveyor early if you expect a partition in kind.
- Prepare for appraisal fees and court costs in advance.
- Consult a real estate attorney to review procedure and timeline.