Partition works. It is also the most expensive way to reach the same place.
A court can order property divided or sold and the proceeds split. What it cannot do is get anyone a better price than a negotiated sale would have.
Compare it to sellingWhat partition actually does
Kentucky provides a statutory framework for partition of jointly owned real property. A court may divide the property physically where that is practical, or where it is not, order it sold and the proceeds divided according to each owner's interest.
For a single family house, physical division is almost never practical. So in practice partition of a house means a court ordered sale.
The cost lands on everyone
Attorney fees on both sides, court costs, and often a commissioner's fee for conducting the sale all come out before anyone is paid. Those costs are frequently charged against the proceeds, which means the owner who wanted to sell and the one who refused both pay for the fight.
Court supervised sales also tend to bring less than a negotiated sale, because the pool of buyers at a judicial sale is thinner and the process is not built for marketing.
Where we fit
We buy properties that are subject to partition proceedings, and we buy from families who used a written offer to settle before filing. The second is almost always the better outcome for everyone involved.
If a case is already filed, tell us where it stands and who represents whom. Our offer can be presented to the parties or to the court depending on the posture.
Five questions. That is the whole thing.
We already know your situation from this page. Change it if it does not fit.
Question 1 of 5
What people ask about this
How long does partition take in Kentucky?
It varies by county and by whether anyone contests. Months at minimum, longer when it is fought. Ask your attorney for a range in your circuit.
Who pays the legal fees?
Often they come out of the proceeds, meaning everyone shares the cost regardless of who filed. Confirm with your attorney for your case.
Will a court order the house sold to whoever bids?
Judicial sale procedures govern. That is one reason these usually net less than a negotiated sale to a buyer chosen by the owners.
Often it is more than one thing at once
Compare it to selling.
No cost, no obligation, and nobody shows up at your door unless you ask them to.