Preparing to Start a Partition Action in Kentucky: What to Gather
Disclaimer: This is educational information and not legal advice. Consult a licensed Kentucky attorney to discuss your specific situation.
Detailed Answer — Key information and documents your lawyer will need
To begin a partition action in Kentucky, your attorney must be able to identify the property, the legal owners and all parties with recorded interests, show each party’s relationship to the property, and present any facts that affect division or sale. Kentucky law allows a co-owner to ask the circuit court to divide the property physically (partition in kind) or sell it and divide the proceeds. See Kentucky Revised Statutes, Chapter 381 on partition of lands: https://apps.legislature.ky.gov/statutes/chapter.aspx?id=381
Bring everything that proves ownership, interests, liens, possession, and the property condition. Below is a prioritized list of documents and information your lawyer will request and why each item matters.
- Recorded deed(s) and chain of title: Copies of the current deed and any prior deeds showing how each person obtained an interest. These prove ownership shares and how title passed (sale, gift, inheritance, etc.).
- Full legal description and parcel ID (tax map): The deed should include the legal description; county tax parcel numbers and assessor’s printouts help the court identify the exact property.
- Names and contact information for all co-owners: Full legal names, last known addresses, and any known aliases. The complaint must generally name and serve every person with an interest.
- Mortgage, lien, and judgment information: Copies of mortgages, deed of trust, recorded liens, IRS/state tax liens, and any judgment liens. Your lawyer must join lienholders and may need to satisfy or address liens from sale proceeds.
- Survey, plat, or map of the property: Recent surveys and plats show boundaries and whether a physical division is feasible. If you don’t have one, your lawyer may advise ordering a survey.
- Title insurance policy or preliminary title report: If available, these reports list current exceptions and encumbrances. They save time identifying parties who need to be joined.
- Occupancy and possession evidence: Who lives on the property, lease agreements, rental records, utility bills in each party’s name, and affidavits about possession or exclusive use. These affect equitable adjustments and temporary relief requests.
- Leases and tenant information: Copies of any residential or commercial leases, security deposits, and tenant contact information. Tenants’ rights can affect timing of sale or partition in kind.
- Improvements, repairs, and expense records: Receipts, contracts, permits, cancelled checks, and photos documenting repairs, improvements, or maintenance. These help establish contributions and may justify credits or claims between co-owners.
- Insurance and tax records: Current property insurance policy, recent property tax statements, and proof of tax payments. Outstanding taxes and insurance claims must be resolved from proceeds or addressed by the court.
- Appraisals or broker opinions: Any recent appraisals, CMA (comparative market analysis), or written offers to purchase. These help estimate likely sale value and whether partition in kind is practical.
- Estate and probate documents (if inherited): Death certificate, will, letters testamentary or of administration, and probate court orders explaining how title passed. If a co-owner died, you must show how their interest was transferred.
- Divorce, separation, or marital property papers: Decrees, property settlement agreements, or quitclaim deeds that affect ownership interests.
- Bankruptcy documents: If any co-owner is or was in bankruptcy, provide case numbers, filings, and discharge papers. Bankruptcy can impose an automatic stay or affect the ability to partition.
- Powers of attorney and corporate documents: If an entity or an agent holds title, provide articles of incorporation, operating agreements, and valid powers of attorney or corporate resolutions authorizing action.
- Any written agreements among co-owners: Buy-sell agreements, co-ownership agreements, prior settlement offers, or written consents about sale or division.
Why your lawyer needs this information
- Identify and name every necessary party so the complaint is not dismissed for failure to join a party.
- Decide whether partition in kind is feasible (based on survey and use) or whether sale is the likely outcome.
- Locate and address liens, mortgage payoffs, and tax obligations that must be paid from proceeds.
- Assess equitable adjustments for unequal contributions to expenses or improvements.
- Plan temporary relief where warranted (e.g., to stop waste, evict holdover occupants, or preserve value).
A partition complaint is normally filed in the circuit court of the county where the property lies. The court can appoint a commissioner to physically divide the property if practical, or order a sale and distribute proceeds after paying liens and costs. For Kentucky law governing partition actions, see Kentucky Revised Statutes, Chapter 381: https://apps.legislature.ky.gov/statutes/chapter.aspx?id=381
Practical steps to prepare before your first meeting
- Organize documents in a folder (digital scans are fine). Label items clearly.
- Prepare a one-page timeline summarizing how each person acquired their interest and any key dates (purchase, inheritance, divorce, etc.).
- List known addresses and last-contact dates for all co-owners, mortgage holders, and lienholders.
- Bring originals for the attorney to review and take copies for the file. Ask whether your lawyer prefers PDFs via secure email or an upload portal.
- Do not transfer or sell your interest while a partition is pending without your lawyer’s advice—such transfers can complicate the case.
Typical timeline and costs you should expect
Partition actions vary. Simple cases where parties agree may resolve in a few months. Contested actions often take a year or more. Costs can include filing fees, service fees, attorney fees, survey costs, appraisal fees, commissioner or auctioneer fees, and potential sale costs. Your attorney should provide a retainer estimate and explain billing practices during the initial consultation.
What your attorney will do with the materials
- Run or order a title search and prepare a list of necessary defendants (co-owners and lienholders).
- Evaluate whether partition in kind is feasible, or whether the likely remedy is sale.
- Draft and file the complaint, seek temporary relief if needed, and arrange service of process on all parties.
- Negotiate settlement or manage litigation, including appraisal, survey, or auction if ordered by the court.
Helpful Hints
- Get certified copies of deeds and certified tax printouts from the county clerk or recorder if you cannot find originals.
- Order or obtain a recent survey early if boundaries might be disputed.
- Collect and preserve receipts and photos proving improvements you or others paid for—you may be entitled to credit.
- Tell your attorney about any ongoing disputes, threats of sale, or communications with co-owners—full disclosure helps planning.
- Keep a record of all payments for property taxes, mortgage payments, and insurance you make after discussing with your lawyer—these can affect equitable claims.
- Ask your attorney how the court in your county typically handles partition cases and whether mediation is commonly ordered.
If you want a checklist emailed or a printable packet to bring to your first meeting, ask your attorney’s office for a new-client intake checklist. A good intake package speeds the process and reduces unexpected delays.
Remember: This article explains typical information and documents for starting a partition action in Kentucky. It is not legal advice. A licensed Kentucky attorney must analyze your facts and advise you about filing, service, liens, and likely outcomes under Kentucky law (see Kentucky Revised Statutes, Chapter 381: https://apps.legislature.ky.gov/statutes/chapter.aspx?id=381).