Can I force a sale of a house I co-own with my sibling in Kentucky?

Short answer: Yes. Under Kentucky law, a co-owner can ask the circuit court to partition the property. If the court finds a physical division is impractical or unfair, it can order a sale and divide the proceeds. This is called a partition action. This article explains how the process works, what to expect, and practical tips to prepare.

Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a Kentucky-licensed attorney.

Detailed answer — How partition actions work in Kentucky

What a partition action is

A partition action is a lawsuit filed in the circuit court by one or more owners of real property to divide their interests. The court can divide the land physically (partition in kind) when practical, or it can order the property sold with proceeds distributed to the owners (partition by sale). The court’s goal is to give each owner their fair share.

Who can file

Any person with a legal or equitable interest in the property may file a partition action. That typically includes co-owners named on title, heirs who inherited an interest, or people holding an ownership interest by intestate succession or deed.

Where to file

File the partition complaint in the circuit court of the county where the property sits. Circuit courts handle real property disputes in Kentucky.

Key steps in a typical partition action

Prepare and file a complaint for partition. The complaint identifies the property, describes each owner’s interest, asks the court to divide or sell the property, and requests appointment of a commissioner or special master to carry out the division or sale.
Service and response. All co-owners and lienholders must be served with the complaint. Defendants can answer or raise defenses (e.g., claim of exclusive ownership).
Discovery and valuation. The court may order appraisals or allow discovery to determine value and whether an in-kind division is feasible.
Hearing or trial. The court decides if the property can be divided without prejudice to owners. If division in kind is impractical or inequitable, the court orders partition by sale.
Sale and distribution. If the court orders sale, it may appoint a commissioner to sell the property by public auction or private sale under court supervision. Sale proceeds pay liens, costs, and then are split among owners according to their ownership shares.

When will the court order a sale instead of dividing the land?

The court examines practical factors: whether the property’s size, layout, or nature permits an equitable physical division; whether dividing would destroy value; and whether owners’ shares are unequal. If a fair in-kind division is not possible or would be unfair, the court will usually order sale.

Mortgages, liens, and unpaid taxes

Existing mortgages and liens survive a partition. The sale proceeds first pay off liens, mortgages, and taxes before owners receive any distribution. If you are liable on the mortgage, a partition buyer may take title subject to the mortgage unless the mortgage is paid from sale proceeds.

Costs, attorneys’ fees, and timeline

Common costs include court filing fees, commissioner or appraisal fees, advertising and sale costs, and attorneys’ fees. The court may allocate costs and fees; Kentucky courts sometimes award reasonable attorney fees in special circumstances, but not always. A partition action commonly takes months to over a year, depending on complexity, contest, and court scheduling.

Alternatives to litigation

Negotiate a buyout: one co-owner buys the other’s share at an agreed price.
Agree to a voluntary sale: list the property and split proceeds.
Mediation: a neutral mediator can help reach a settlement and avoid court costs.

Practical example (hypothetical)

Suppose you and your sibling inherited a house titled to both of you as tenants in common. You want to sell, and your sibling refuses. You can file a partition action in the circuit court where the house is located. The court will evaluate whether the house can be fairly divided. If not, it will order a sale by a court-appointed commissioner. After paying off a mortgage and sale costs, the court will distribute the remaining proceeds according to your ownership shares.

Where to find the law and forms

Kentucky statutes and procedural rules govern partition and civil procedure. Kentucky’s statutes and the Kentucky Court of Justice provide resources and local court contacts. Start here:

Helpful Hints

Collect title documents: deed, death certificate, will or probate papers showing how title passed.
Gather financial info: mortgage statements, tax bills, insurance, rental income, recent repairs.
Get at least one independent appraisal to understand market value before filing.
Document communications with your co-owner—offers to buy out, requests to sell, and refusals.
Consider mediation before filing. Court actions cost time and money; a negotiated settlement may be quicker and cheaper.
Ask the court about appointing a neutral commissioner if you expect the court to supervise sale—this avoids unilateral sales.
If there are unpaid taxes or a mortgage, resolve who will pay these while case is pending to protect value.
Consult a local Kentucky attorney experienced in partition and real estate litigation to review your case, possible defenses, and expected costs.

What to expect when you hire a lawyer

An attorney will help prepare and file the complaint, arrange service on co-owners and lienholders, coordinate appraisals, negotiate settlements, and represent you at hearings. They can also advise on likely allocation of costs and whether to ask the court for expedited relief or a sale reservation to cover liens.

Final notes

Partition actions are a common remedy when co-owners cannot agree, but they involve court expense and can strain family relationships. Carefully weigh negotiation and mediation before litigation. If you decide to proceed, prepare documentation and consider a local attorney to protect your rights and move the case efficiently.