Quick summary

If co-owners cannot agree about dividing real property, one co-owner may file a partition action in Kentucky. If dividing the land in kind is impractical, the court can order sale of the property. The judge may appoint a commissioner to conduct a sale — sometimes by private sale — and the court must review and confirm the sale before title transfers and proceeds are distributed.

How partition works in Kentucky (basic framework)

Partition actions begin when a co-owner files a complaint asking the circuit court to divide or sell the property. Kentucky law allows the court to divide property physically (partition in kind) or order sale when division is impractical. The court controls the process, protects the rights of each co-owner, and supervises any sale and distribution of proceeds.

For the governing statutory framework, see the Kentucky Revised Statutes and court rules on partition and civil procedure: Kentucky Revised Statutes (KRS) and the Kentucky Court of Justice website for local practice and forms.

Step-by-step: What happens when co-owners disagree and the court appoints a commissioner for a private sale

1. Filing the partition action.

   One co-owner files a complaint asking the circuit court to partition the property (ask the court to divide it or sell it and split proceeds). The complaint must identify all co-owners and describe the property.

2. Court determines whether partition in kind is feasible.

   The judge reviews evidence (surveys, appraisals, use of the land). If dividing the parcel would cause practical difficulty or unfairness, the judge can order a sale instead of division.

3. Appointment of commissioner.

   The court may appoint a commissioner or referee to manage sale-related tasks. The commissioner acts under court direction — arranging sale steps, giving notice, accepting bids or offers, and reporting results to the court.

4. Private sale vs. public sale.

   The court can authorize a private sale (negotiated sale to a buyer) rather than a public auction when a private sale serves fairness and public interest. A private sale commonly occurs when it likely brings a better price or when a public auction is impractical.

5. Notice to co-owners and interested parties.

   The commissioner must follow court orders about notice. Co-owners and lienholders receive notice and an opportunity to object. Notice rules protect due process and allow parties to challenge unfair sales.

6. Offer, negotiation, and acceptance.

   For a private sale, the commissioner solicits or negotiates offers. The commissioner may present the best offer to the court. Sometimes the court imposes a minimum price or requires competitive bids before approval.

7. Report of sale and confirmation hearing.

   After a sale, the commissioner files a report detailing price, buyer, terms, and disposition plans. The court schedules a confirmation hearing. The judge confirms the sale unless objections show fraud, inadequate price, or procedural defects.

8. Order confirming sale and commissioner’s deed.

   When the court confirms the sale, it issues an order to transfer title. The commissioner executes a deed (often called a commissioner’s deed) conveying clear title to the buyer, subject to any liens the court ordered paid from sale proceeds.

9. Distribution of proceeds.

   The court authorizes payment of liens, taxes, sale costs, and any court-ordered attorney fees. Remaining funds are distributed among co-owners according to their ownership interests, or as the court directs to settle claims among parties.

Important rights and options for co-owners

• Right to notice and hearing. You must receive notice and get a chance to object to the commissioner’s actions or the proposed sale price.
• Right to propose a buyer or bid. A co-owner can often propose to buy the property (a buyout) or participate in competitive bids, subject to court approval.
• Right to object to the sale. You can object to the sale at the confirmation hearing. Grounds include fraud, grossly inadequate price, or failure to follow court-ordered procedure.
• Right to seek valuation evidence. You may offer an independent appraisal or evidence that the proposed sale price is unreasonably low.

Common practical issues and how courts handle them

• Liens and mortgages. The sale generally pays off recorded liens and mortgages from proceeds in priority order. Unpaid taxes or assessments are typically satisfied first.
• Costs and attorney fees. Court may charge sale costs and reasonable fees against the proceeds; in some cases the court awards attorneys’ fees to the prevailing party if statutes or contract allow.
• Title and post-sale disputes. Once the court confirms the sale and the deed issues, the buyer gets marketable title as ordered. Parties who distrust the sale can seek post-confirmation relief, but courts require a strong showing (fraud or serious procedural failure).

How to protect your position (practical tips)

When a commissioner handles a private sale, you should act early and deliberately:

• Ask the court for detailed notice of all steps, including appraisal and sale terms.
• Consider getting an independent appraisal to challenge a low proposed price.
• Offer to buy out other owners if you want to keep the property; present proof of financing or escrow funds.
• File timely objections and bring evidence to the confirmation hearing if you believe the sale is unfair.
• Keep records of ownership documents, mortgage statements, tax bills, and improvement costs to support your share calculation at distribution time.

Timeline — what to expect

Timelines vary by case complexity and court schedules, but general stages are:

1. Filing complaint and serving co-owners — weeks to months.
2. Court hearings to decide division vs. sale — depends on evidence and scheduling.
3. Commissioner appointment, notice, and sale process — weeks to months.
4. Report of sale and confirmation hearing — often several weeks after sale.
5. Distribution of proceeds after confirmation — depends on payoff of liens and court orders.

How to challenge an unfair private sale

You can object at the sale confirmation hearing or file a post-confirmation motion. Successful challenges generally require proof of one or more of the following:

• Procedural error (lack of required notice or failure to follow court orders).
• Fraud or collusion between buyer and commissioner or other parties.
• Sale price is so inadequate that it shocks the conscience of the court.

Courts usually give substantial deference to sale procedures unless clear evidence shows unfairness.

When to talk to a lawyer

If co-owners are at odds and a commissioner or sale is likely, consult a Kentucky lawyer experienced in real property or partition actions. A lawyer can:

• Explain local practice and likely timing in your circuit court.
• Help obtain an appraisal and present valuation evidence.
• Prepare objections, negotiate buyouts, or represent you at confirmation hearings.

Helpful Hints

• Collect title documents, deeds, mortgage statements, tax bills, and any agreements among co-owners before filing or responding to a partition action.
• Get an independent appraisal early if you suspect a private sale will undervalue the property.
• If you want to keep the property, prepare a clear buyout plan and proof of funds to present to the court.
• Attend every hearing. Failing to appear can limit your options and allow a sale to proceed without your input.
• Understand that confirmed sales create strong finality; raise objections during the confirmation stage rather than waiting until after the deed is delivered when possible.
• Ask the court for deadlines and a proposed schedule for sale, report, and confirmation so you can plan evidence and objections.
• Remember that liens and taxes reduce net proceeds — review lien priority early so you understand likely distributions.