How to Confirm Your Percentage Ownership in Your Parents’ Kentucky Real Property

Short answer: To confirm how much of your parents’ property you own (or would own if the property is transferred or sold), you need to obtain the recorded deed and related title documents, determine the legal form of ownership (tenancy in common, joint tenancy, tenancy by the entirety, or ownership in a trust), and, if necessary, get a professional title search or consult a Kentucky real estate attorney. This article explains the step-by-step process and the documents and options you should consider.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Kentucky real estate or probate attorney.

Detailed answer — how to confirm percentage ownership under Kentucky law

1. Start with the recorded deed

The recorded deed that conveys title to the property is the primary document showing ownership and any stated ownership percentages. In Kentucky, deeds and other instruments affecting real property are recorded at the county clerk’s office where the property is located. You can:

Request a certified copy of the deed from the county clerk or search the county clerk’s online records (many Kentucky counties have online indexes).
Look at the deed language. If it says that the owners hold the property as “tenants in common,” the deed may specify percentage shares (for example: “A and B as to 60% and 40%, respectively”). If the deed does not state percentages in a tenancy-in-common, courts often presume equal shares absent evidence to the contrary.
If the deed uses phrases like “joint tenants with right of survivorship,” that normally means equal shares with survivorship rights unless the deed clearly sets unequal shares.

2. Identify the form of ownership and its effect on percentages

Common forms of co-ownership in Kentucky and their typical effects:

Tenants in common: Each owner has a separate, transferable interest. The deed may specify unequal percentages. If the deed is silent, the court may presume equal shares.
Joint tenancy with right of survivorship: Typically creates equal shares with survivorship; on a co-owner’s death, the surviving joint tenant(s) automatically inherit the decedent’s share.
Tenancy by the entirety: Available to married couples in some circumstances; this creates survivorship rights and generally treats the spouses as a single legal unit.
Trust ownership: If title is in a trust, the trust document controls who benefits and what percentage interest, and the grantor/ trustee arrangement may affect the ability to transfer or sell without following trust terms.

3. Check related documents that can change who owns what

Other documents may affect ownership percentages:

Wills and probate records: If the property passed by will or through intestate succession, check the probate file to see how the decedent’s estate distributed the property.
Trust documents: If the property title is in a trust, the trust agreement determines beneficiaries’ interests.
Deeds of gift or quitclaim deeds: These transfers change ownership and should be recorded to be effective against third parties.
Division agreements or partition deeds: Sometimes co-owners sign agreements later changing shares.

4. If the deed is unclear or missing, run (or hire) a title search

A full title search traces the chain of title and recorded instruments and reveals liens, mortgages, and prior conveyances that affect ownership. Title companies and real estate attorneys provide title searches and title insurance. A title search will also show recorded instruments that define ownership percentages.

5. Use county resources: clerk’s office and PVA

County offices can help you locate recorded documents and tax/assessment information:

County Clerk: Records deeds and can provide copies. Visit the clerk in the county where the property sits.
Property Valuation Administrator (PVA) / assessor: The PVA’s property card lists current owners for tax assessment purposes and sometimes shows owner names and mailing addresses. It is not a substitute for a deed but is a helpful reference.

6. If ownership is disputed or unclear, consider legal actions available in Kentucky

If you cannot determine your percentage or co-owners disagree, options include:

Mediation or negotiation: Attempt to resolve among family members with a written agreement.
Quiet title action: Ask a court to declare who owns the property and in what share. The Kentucky Court of Justice handles civil actions; you will need a complaint and evidence of title issues.
Partition action: If co-owners cannot agree to sell or divide the property, a partition action asks the court to divide the property or order a sale and distribution of proceeds among owners according to their shares.

7. Practical examples

Example A: The deed recorded in Jefferson County shows: “A and B, tenants in common, A 70% and B 30%.” That deed establishes the 70/30 split unless later changed by a recorded instrument.

Example B: The deed states “A and B, joint tenants with right of survivorship.” Unless it says otherwise, courts treat joint tenancy as equal shares — each owner effectively has a 50% share while both are alive.

8. When a parent wants to sell the property

If the parent(s) who hold title want to sell:

All record title holders whose signatures are required on the deed must sign the sale documents. Co-owners cannot be forced to sign unless a court orders partition or sale.
If someone claims an ownership interest but the deed does not show it, they will need recorded evidence (a prior deed, recorded transfer, trust instrument, or a probate order) to prevent the sale or to claim a share of proceeds.

Statutes and government resources (Kentucky)

Relevant general resources and statutes:

Kentucky Revised Statutes (search and chapters): https://apps.legislature.ky.gov/statutes/ — use the statutes site to search statutes related to conveyances, deeds, and probate.
Kentucky Court of Justice (civil filings, partition/quiet title actions information): https://kycourts.gov

Helpful Hints

Begin by getting a certified copy of the most recent recorded deed from the county clerk where the property is located. That one document often answers the ownership-percentage question.
Bring or collect these documents when researching: deed(s), title insurance policy (if any), mortgage statements, trust documents, wills, death certificates, and any signed family agreements.
If the deed names co-owners but does not state percentages, expect the courts to presume equal shares unless evidence shows a different agreement.
If title is in a trust, request a copy of the trust instrument or talk to the trustee — trust terms usually control who benefits and in what share.
For complex or contested matters, hire a Kentucky real estate attorney or a title company to run a full title search and advise on quiet-title or partition options.
Keep a paper trail: if a parent intends to transfer or sell property, ask for a written explanation and copies of any proposed deed before signing anything.
Remember that tax or assessment records (PVA) are helpful but do not replace a recorded deed or title search.
Act early. If a sale is planned, confirm title well before closing so disputes can be resolved in time.

When to contact a lawyer

Talk with a Kentucky real estate or probate attorney if:

Records are missing or contradictory.
Family members dispute ownership percentages or the right to sell.
You need a court action (quiet title or partition) to establish or enforce ownership shares.

If you want help finding a local attorney, a county bar association or the Kentucky Bar Association can provide lawyer referral services.