Detailed Answer
Yes — under Kentucky law you can often force the sale of an inherited parcel when a co-owner refuses to list it, by filing a partition action in the circuit court. A partition action lets a court divide property held by two or more owners. If the court finds a physical division is impractical or unfair, it may order a sale and divide the proceeds among the owners according to their ownership shares.
Who can bring a partition action?
Any co-owner with a legal interest in the property (for example, an heir who received the parcel through probate, or someone who holds title as a tenant in common) can ask the circuit court for partition. Before filing, confirm how the property is titled — whether it’s held as joint tenants with rights of survivorship, tenants in common, or still part of an open probate estate — because title form affects your rights.
How the partition process generally works in Kentucky
- Confirm ownership and title: Pull the deed, probate paperwork, and any recorded liens or mortgages. If the property was inherited through probate, review the executor’s or personal representative’s documents.
- Attempt an out-of-court resolution: Send a written demand asking the co-owner to sell, allow a realtor to list, or accept a buyout based on a fair appraisal. Courts often expect parties to try negotiation first.
- File a partition action in the appropriate circuit court: If negotiation fails, file a petition for partition in the circuit court where the property lies. The court will notify all owners and interested parties.
- Court determines whether partition in kind is feasible: The judge will consider whether the parcel can be fairly physically divided. If division would be impractical, inequitable, or would substantially impair the property’s value, the court typically orders a partition by sale.
- Valuation and sale: The court may appoint a commissioner or referee to value the property, or order appraisals. The property can be sold at public auction or by private sale under court supervision. Net sale proceeds are distributed to owners according to their legal shares, after paying mortgages, liens, taxes, and court costs.
- Buyout option: At any point, a co-owner can offer to buy the other co-owners’ interests (usually based on an agreed appraisal or court valuation). The court may approve a buyout rather than a sale if parties agree or if the court finds it fair.
Local procedural points and where to file
Partition actions are civil matters filed in Kentucky circuit court in the county where the real property is located. For general information on circuit courts and filing procedures, see the Kentucky Court of Justice Circuit Courts page: https://courts.ky.gov/Courts/Circuit/Pages/default.aspx. For access to the Kentucky Revised Statutes and related laws, use the Kentucky legislative statutes site: https://apps.legislature.ky.gov/law/statutes/.
Key practical considerations
- Title type matters: If title passed by right of survivorship (joint tenancy), you may have fewer options than if the property is tenants in common. Get the recorded deed and probate paperwork.
- Mortgages, liens and taxes come out of sale proceeds: Any outstanding mortgage, tax lien, or other encumbrance generally must be paid from the sale proceeds before distribution to co-owners.
- Costs can be substantial: Court costs, attorneys’ fees, appraisal fees, commissioner or referee fees, and sale costs reduce the net you receive.
- Timing varies: A negotiated sale can take weeks; a contested partition can take many months or longer, depending on court schedules and complexity.
- Creditors and probate: If the property remains part of an open probate estate, creditors’ claims and probate procedures can affect timing and whether the personal representative has authority to sell without court permission.
When to consider alternatives
Before asking the court to force a sale, consider these lower-cost options:
- Negotiate a buyout based on an independent appraisal.
- Offer to list the property yourself or pay for a realtor and propose a split of net proceeds.
- Use mediation or arbitration to reach an agreement without litigation.
Documents and evidence to prepare
Gather these before you consult an attorney or file suit:
- Recorded deed(s) showing how the property is held.
- Death certificate and probate documents, if inherited.
- Mortgage statements, tax records, HOA documents, and insurance information.
- Recent appraisals, surveys or property descriptions.
- Any written communications showing attempts to negotiate a sale.
What to expect after filing
After filing a partition petition, the court will issue a summons to co-owners. The judge may schedule a preliminary hearing to address temporary motions (for example, to preserve the property or appoint a receiver). If the court orders valuation and sale, it will supervise those steps to ensure a fair process and distribution of proceeds.
Where to get help: Contact a Kentucky real estate or probate attorney experienced with partition actions. If you need help finding counsel, the Kentucky Bar Association (non-governmental) can provide referral services. For court filing rules and forms, use the Kentucky Court of Justice website: https://courts.ky.gov/.
Note: This article explains the common processes and considerations under Kentucky practice. Specific outcomes depend on facts, title language, and local procedures.
Helpful Hints
- Start by pulling the deed at the county clerk’s office to confirm how title is held.
- Send a clear written demand requesting sale or buyout and keep records of communications — courts like to see attempts to resolve disputes without litigation.
- Get an independent appraisal early to understand market value and make realistic buyout offers.
- Consider mediation before filing — it can save time and legal costs and preserve family relationships.
- Factor in liens, unpaid taxes, and sale costs when calculating what a buyout or sale will net you.
- Ask whether the property passed via probate and whether the personal representative has authority to sell — unresolved probate can delay a sale.
- Be realistic about time and cost — contested partition actions can take months and reduce net proceeds.
- If you expect renter-occupants or damage during litigation, ask the court about appointment of a receiver to manage the property until sale.
Disclaimer: This article is for general information only and does not provide legal advice. It does not create an attorney-client relationship. Laws change and outcomes depend on the facts of each case. Consult a licensed Kentucky attorney to get advice tailored to your situation.