Detailed Answer
Under Kentucky law, a partition action lets co-owners of real property divide or sell land when they cannot agree on its use or disposition. The process is governed by KRS Chapter 392. Below are the key steps to initiate a contested partition or to consent to one before a court-appointed commissioner.
1. Identify the Property and Parties
List all co-tenants with a legal interest in the real estate. Include exact legal descriptions and current addresses. Every person holding title must be named as a defendant in a contested petition (KRS 392.010).
2. Prepare and File the Petition
File the petition in the Circuit Court of the county where the property lies. The petition must state: the petitioner’s interest, each co-tenant’s name and interest, and the relief sought—a physical division or a sale. Cite KRS 392.010 for petition requirements.
3. Serve Notice on All Co-Tenants
After filing, serve summons and a copy of the petition on each named co-tenant under KRS 392.020. Service must comply with Kentucky Rules of Civil Procedure to ensure the court gains jurisdiction.
4. Court Appointment of Commissioners
If the action is contested, the court appoints three disinterested commissioners to inspect the property (KRS 392.030). Commissioners must take an oath and view the land to assess values.
5. Commissioners’ Report and Valuation
Within the time set by the court, commissioners file a written report recommending a physical partition or sale and stating each lot’s value (KRS 392.050).
6. Final Decree of Partition or Sale
The court reviews the report. If approved, it issues a final decree dividing the property among co-tenants or ordering a public sale, distributing proceeds per ownership shares (KRS 392.060).
Consent Procedures
When all co-tenants agree, they may file a written consent to partition instead of a contested action (KRS 392.080). The court still appoints commissioners and follows steps 4–6, but timelines shorten. This streamlined approach reduces litigation costs.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney licensed in Kentucky to address your specific circumstances.
Helpful Hints
- Confirm the full legal description of the land with the county deed records.
- Check the court’s local rules for filing fees and scheduling deadlines.
- Ensure correct service by using certified mail or a process server.
- Consider mediation before filing to explore voluntary agreements.
- Keep copies of all filings and service receipts for your records.