How to Confirm Your Percentage Ownership in Parents’ Real Property under Kansas Law

Short answer: Check the recorded deed and the chain of title at the county register of deeds. The deed language usually tells you whether ownership is divided into specified fractional interests (for example, 50%/50%), or whether the owners hold the property jointly in some other way. If the deed is unclear, a title search by a title company or review by a real estate attorney will confirm your percentage, reveal liens or encumbrances, and explain any effects of probate or trusts.

Detailed answer

1. Start with the recorded deed

Every conveyance of real property that affects title is recorded in the county register of deeds where the property sits. Obtain a certified copy of the most recent deed. Look for language such as:

“as tenants in common, each owning an undivided one-half interest” — this explicitly states fractional shares (50%/50% in that example).
“as joint tenants with right of survivorship” — joint tenancy describes survivorship rights (on death the surviving owner may take the deceased owner’s share).
“to A for life, then to B” — this indicates a life estate in A with a remainder in B; the present ownership differs from ordinary fractional interests.

If the deed states specific fractions (for example, “an undivided one-third interest”), that is usually your ownership percentage unless later documents changed it.

2. If the deed is silent about percentages

When a deed names multiple grantees but does not specify shares, the common practical result is that co-owners hold undivided interests. In many situations that means equal shares, but facts and prior documents can change that conclusion. If the deed language is ambiguous, you should get a professional title search or legal review to determine the correct percentage.

3. Review the chain of title and recorded documents

Ownership can change after a deed is recorded. Search county records for any later deeds, quitclaims, deeds from a court, mortgages, liens, divorce orders, or releases. A full chain-of-title search shows whether earlier or later documents altered ownership percentages.

4. Check for trusts, wills, or probate entries

If your parents placed the property into a trust, the trustee — not the individual(s) named on the original deed — may hold legal title. If a parent has died and the property passed through probate, the probate file and the personal representative’s deeds will show the current legal ownership. For information about how property passes after death under Kansas probate law, see the Kansas Probate Code: K.S.A. Chapter 59.

5. Hire a title company or a Kansas real estate attorney for a title report

A title company prepares a title commitment (preliminary title report) that lists the current legal owner(s), the recorded chain of title, any mortgages, tax liens, judgments, easements, and other clouds that affect value or transferability. A title report will also indicate if the deed expresses fractional interests and will reveal hidden encumbrances that might affect proceeds from a sale.

6. If the ownership is disputed or unclear: quiet title or partition

If the chain of title is ambiguous or multiple parties claim different percentages, a Kansas court can resolve the dispute. Typical remedies include a quiet title action (to settle who legally owns the property) or a partition action (to divide the property or order a sale with proceeds distributed according to the court’s determination). Consult a Kansas real estate attorney to assess which action fits the situation.

7. Watch for liens and debts that reduce sale proceeds

Even when you hold a clear fractional interest, recorded mortgages, tax liens, or judgments against the property (or against an individual owner) can affect the amount you receive when the property is sold. The title commitment will list these encumbrances.

Relevant Kansas statutes

General statutes that govern conveyances and recording are in the Kansas Conveyances chapter and the Kansas Probate Code. Useful statute collections:

Kansas Conveyances (Chapter 58): https://www.ksrevisor.org/statutes/chapters/ch58/
Kansas Probate Code (Chapter 59): https://www.ksrevisor.org/statutes/chapters/ch59/

Practical step-by-step checklist

Visit the county register of deeds (or that office’s online records) where the property is located and get a certified copy of the current deed and any subsequent recorded documents.
Read the deed for explicit fractional language (percentages, “undivided one-half”, etc.) or for words like “joint tenants” or “tenants in common.”
If language is unclear, ask a title company for a title commitment or order a professional chain-of-title search.
Locate mortgage, tax, or judgment liens that could reduce sale proceeds.
If a parent is deceased, check probate records and any deeds executed by the personal representative or under the will/trust.
If owners disagree, consult a Kansas real estate attorney about quiet title or partition actions.

Helpful Hints

Bring identifying details to the register of deeds: property address, parcel number (from tax records), and the owners’ full legal names and any prior names.
Ask the register of deeds how to obtain a certified copy; some counties provide reliable online access.
Keep copies of deeds, mortgage payoff statements, and any written agreements among owners—these documents matter when dividing sale proceeds.
If parents placed property into a trust, get a copy of the trust document. A trustee’s authority can supersede the persons named on older deeds.
Before any sale, obtain a title commitment and a payoff statement for mortgages and tax liens to understand how net proceeds will be calculated.
Do not sign any documents transferring your interest without independent legal advice, especially if you are unsure about your percentage or rights.

When to hire a Kansas attorney

Get legal help if the deed is ambiguous, if multiple family members claim different percentages, if a parent has died and the probate distribution is unclear, or if a sale is imminent but you are unsure how proceeds will be divided. An attorney can:

Interpret deed language and Kansas law for your facts.
Run or review a complete title search and commitment.
Advise on quiet title, partition, or probate proceedings if needed.

Disclaimer: This article explains general Kansas procedures for confirming ownership percentages in real property. It is not legal advice and does not create an attorney–client relationship. For advice tailored to your situation, consult a licensed Kansas real estate or probate attorney.