Quick answer

If you want to buy out co-owners before the court orders a sale in a Kentucky partition case, act quickly: confirm ownership shares and encumbrances, get a current appraisal, prepare a clear written buyout offer with deadline and closing terms, present the offer to the co-owners and their counsel, and, if the case is already filed, file a stipulation or motion with the court showing the agreement (or asking the court to stay the sale and approve the buyout). If co-owners refuse, you may still protect yourself by preparing to bid at any court-ordered sale or by asking the court to award the property to you if a fair cash purchase is feasible.

Detailed answer — step-by-step under Kentucky law

1. Understand the legal framework

Under Kentucky law, courts handling partition actions generally may order partition in kind (dividing the property) or sale and distribution of proceeds when partition in kind is impractical. The partition statutes and court rules govern how the court values property and conducts a sale. For statutes and official rules, see the Kentucky Revised Statutes and Kentucky Court of Justice resources: Kentucky Revised Statutes (searchable) and Kentucky Court of Justice. (Search for partition statutes and civil procedure guidance.)

2. Verify ownership, shares, and current encumbrances

• Pull the deed and title to confirm each co-owner’s legal interest and percentage ownership.
• Identify any mortgages, liens, taxes, or other encumbrances that affect the property’s net value.

3. Obtain an independent appraisal or market valuation

A neutral, licensed appraisal gives you a defensible market value. Your buyout offer will carry more weight with co-owners and with a judge if you can show a current appraised value or multiple valuation indications (appraisal, broker’s opinion, comparable sales).

4. Calculate a fair buyout figure

Determine your co-owners’ shares and compute each owner’s equity share (market value minus encumbrances, prorated). Consider credits or debits for:

• Mortgage payments, taxes, insurance paid by any owner
• Improvements or repairs paid by an owner
• Unpaid rents or utility charges
• Costs of the partition action (attorneys’ fees, court costs)

5. Prepare a clear written buyout offer

Include these elements in the offer:

• Buyer identity (you or an entity you control)
• Exact purchase price allocation to each co-owner
• Source of funds and proof of ability to close (cash proof or preapproval letter)
• Proposed closing date and escrow instructions
• Allocation of closing costs, mortgage payoffs, and taxes
• Contingencies (title review, inspection, financing — ideally minimize contingencies in litigation contexts)
• Deadline for acceptance and consequences of non‑acceptance (e.g., offer will be revoked)
• A draft settlement agreement or stipulation that would resolve the partition action if accepted

6. Present the offer properly

If no lawsuit yet: deliver the offer in writing to each co-owner (and their counsel if represented). If a partition lawsuit is already pending: serve the offer on counsel of record and file a Notice of Offer with the court or submit a proposed stipulation and order for the court’s approval. If co-owners agree, jointly file a stipulation to dismiss or a consent order resolving the partition.

7. Use the court process if necessary

If co-owners refuse your offer and the court is heading toward a sale, you have several court-centered tools:

• File a motion asking the court to stay the sale while good-faith negotiations or appraisal disputes are resolved.
• Submit evidence of your bona fide buyout proposal and proof of funds; the court may consider such evidence before approving a sale or distributing proceeds.
• Ask the court to allow one co-owner to buy out the others at fair value; some courts approve a purchase by a co-tenant if the terms are fair and approved by the court and other parties.
• If a sale proceeds, prepare to bid at the sheriff’s or court-ordered sale. Sometimes the highest bidder (even a co-owner) obtains the property at sale and can avoid the buyout negotiation entirely.

8. Document the settlement with a full release and court order

If the co-owners accept your buyout, sign a settlement agreement and general release covering partition claims, liens, and allocation of costs. Have the court enter a consent order dismissing or resolving the partition action so the settlement is enforceable and the transfer is reflected in the public record.

9. Close properly

Close the transaction through escrow or a title company. Obtain a new deed (quitclaim or warranty deed as negotiated), obtain title insurance if appropriate, and record the deed so the ownership transfer is effective against third parties.

10. Consider tax and long-term issues

Buying out co-owners can have capital gains, property tax, and mortgage implications. Talk with a tax professional and your attorney about consequences for basis, depreciation, and gift tax if below-market terms apply.

What to file in court if the partition action is pending

• Notice of offer or settlement — serve parties and file with the clerk so the judge knows there’s a pending agreement attempt.
• Proposed stipulation and order — a joint filing that resolves the partition claim if all parties agree.
• Motion to stay sale — ask the court to halt sale proceedings while you finalize a buyout, with supporting proof of funds and a timeline.
• Motion for approval — if the court must approve a buyout in lieu of sale, file evidence of valuation and fairness and propose an order transferring title to the buyer and dismissing the case.

Because local practice varies, talk to a Kentucky lawyer about the exact forms, required notices, and timing in your circuit court.

Practical sample timeline (typical, not mandatory)

1. Day 0: Obtain appraisal and title info.
2. Day 3–7: Draft written buyout offer and proposed settlement documents.
3. Day 7: Deliver offer to co-owners and their counsel; set short acceptance deadline (e.g., 7–14 days).
4. If accepted: within 30–60 days — close and record deed; file dismissal/stipulation in court.
5. If rejected: prepare motion to stay sale or prepare to bid at court-ordered sale; continue settlement efforts or mediation.

Helpful hints

• Get a professional appraisal early — courts rely on credible valuations.
• Document everything in writing — oral offers are weaker in litigation.
• Use escrow and title professionals to avoid clouds on title after settlement.
• If you may be required to finance the buyout, obtain preapproval before making the offer so co-owners and the court see you can close.
• Consider mediation — judges often encourage settlement and may order mediation in partition cases.
• If you occupy the property, document payments you made (mortgage, taxes, utilities) because the court may credit those amounts in computing equities.
• Think about buying the property into an entity (LLC) for liability/tax planning — consult counsel and tax advisor.
• Be realistic about closing timelines; a court may require quick resolution once a deal is presented.