Partition Action Complaint - Kansas

KANSAS PETITION FOR PARTITION OF REAL PROPERTY

PART 1 — PRE-FILING CHECKLIST

☐ Obtain a current abstract of title or title insurance commitment identifying every owner and every lienholder (K.S.A. § 60-1003(a), (c)(5)).
☐ Determine each owner's respective interest; describe any unknown, contingent, or doubtful interests with reasonable certainty (§ 60-1003(a)(2)).
☐ Decide whether to join lienholders as parties (§ 60-1003(a)(3)).
☐ Compile an accounting of contributions (taxes, insurance, mortgage, necessary repairs/improvements) and offsets (rents collected, exclusive possession/ouster) for each owner.
☐ Confirm venue in the county where the property is situated; if the action includes land in two or more counties, select a county containing any tract or part under K.S.A. § 60-601(b)(2).
☐ If affected land lies in another county, prepare the verified statement for that other county's register of deeds under K.S.A. § 60-2201(b).
☐ Arrange timely service of the summons or first publication within 90 days after petition filing for K.S.A. § 60-2201(a) notice effect.
☐ Note: an allegation of ownership of an interest implies the right to possession; no separate ejectment claim is required (§ 60-1003(a)(4)).

PART 2 — PETITION FOR PARTITION

Court Caption

IN THE DISTRICT COURT OF [____________________] COUNTY, KANSAS

Case No.: [________________________________]

PETITION FOR PARTITION (K.S.A. § 60-1003)

COMES NOW Plaintiff and for the cause of action against Defendants alleges and states:

I. Parties, Jurisdiction, and Venue

1. Plaintiff [____________________________________] is a [☐ natural person residing in / ☐ entity organized under the laws of] [____________________], with an address at [________________________________________________].

2. Defendant [____________________________________] is, upon information and belief, a [☐ natural person / ☐ entity] with last known address at [________________________________________________], and is a co-owner of the Property described below.

3. ☐ The following persons claiming or holding a specific or general lien upon all or part of the Property are joined as parties pursuant to K.S.A. § 60-1003(a)(3): [____________________________________].

4. This Court has jurisdiction over this partition action under K.S.A. § 60-1003. Venue is proper in [____________________] County under K.S.A. § 60-601(b)(2) because [THE PROPERTY IS SITUATED HERE / THE ACTION INCLUDES LAND IN MULTIPLE COUNTIES AND A TRACT OR PART IS SITUATED HERE].

II. The Property

5. The real property subject to partition (the "Property") is located at [STREET ADDRESS, CITY], [____________________] County, Kansas, and is legally described as follows (K.S.A. § 60-1003(a)(1)):

Legal Description: [____________________________________________________________]

Parcel / Tax ID: [____________________________________]

Recording Reference (Book/Page or Instrument No.): [____________________________________]

III. Ownership and Respective Interests

6. The Property is owned by the parties in the following respective interests (K.S.A. § 60-1003(a)(1)):

7. ☐ The number of shares or interests is known, but the owner(s) of the following interest(s) are unknown, or there are interests that are unknown, contingent, or doubtful, as follows (stated with reasonable certainty pursuant to K.S.A. § 60-1003(a)(2)): [____________________________________].

8. Plaintiff acquired Plaintiff's interest by [☐ Warranty / ☐ Quitclaim / ☐ Special Warranty / ☐ Sheriff's / ☐ Court] Deed dated [__/__/____], recorded [__/__/____] in Book [______], Page [______] (or Instrument No. [____________]), Records of [____________________] County, Kansas; OR by inheritance/devise from [Decedent], Case No. [____________].

9. Plaintiff's allegation of ownership implies an allegation of the right to possession of the Property; no separate claim for ejectment is asserted or required (K.S.A. § 60-1003(a)(4)).

IV. Entitlement to Partition

10. Plaintiff and the Defendant co-owners hold the Property as cotenants. The co-owners cannot agree upon its use, management, or disposition, and Plaintiff requests partition under K.S.A. § 60-1003, subject to the Court's equitable authority under subsection (d).

V. Manner of Partition

11. Plaintiff requests that the Court first determine and make an order specifying the respective interests of the parties and directing partition (K.S.A. § 60-1003(c)(1)).

12. Upon ordering partition, the Court shall appoint three (3) commissioners to partition the Property among the parties according to their respective interests (K.S.A. § 60-1003(c)(2)). Plaintiff alleges:

☐ The Property can be partitioned in kind without manifest injury, and Plaintiff requests a division in kind; OR

☐ The Property cannot be partitioned in kind without manifest injury, or partition in kind is for other reasons impracticable, because [single residential lot / division would materially diminish value / other: ______________]; the commissioners should therefore appraise the value of the Property (valuing each tract separately, if more than one) and report their conclusions to the Court.

13. If the Property is not subject to partition in kind, Plaintiff acknowledges that any one or more parties may elect, within the time fixed by the Court, to take the Property (or any separate tract) at the appraised value; and that if no party elects, or two or more elect in opposition, the Court shall order the sheriff to sell the Property as on execution, at not less than two-thirds (2/3) of the commissioners' appraised value (K.S.A. § 60-1003(c)(4)).

VI. Accounting Among Co-owners

14. Plaintiff requests an equitable accounting, to the extent supported by the evidence and K.S.A. § 60-1003(d), concerning the following claimed charges or credits:

☐ Contributions paid by a co-owner beyond that owner's proportionate share — ad valorem taxes, insurance, mortgage principal and interest, assessments, and necessary repairs/preservation: [____________________________________].

☐ Improvements made by a co-owner that enhanced the value of the Property: [____________________________________].

☐ Rents and profits collected by a co-owner, or a claimed offset for exclusive possession or ouster if legally available: [FACTS, DEMAND, AMOUNT, SOURCE].

☐ Owelty / equalizing adjustment to balance the values of parcels awarded in any partition in kind: [____________________________________].

15. Plaintiff requests any adjustment to the parties' respective shares or sale proceeds that the evidence and governing law support.

VII. Prayer for Relief

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Determine and make an order specifying the respective interests of the parties and directing partition (K.S.A. § 60-1003(c)(1));

B. Appoint three commissioners to partition the Property in kind, or, if partition in kind cannot be made without manifest injury or is impracticable, to appraise the Property and report to the Court (K.S.A. § 60-1003(c)(2));

C. Permit any party to elect to take the Property at the appraised value and, failing election, order the sheriff to sell the Property at not less than two-thirds of the appraised value, with the net proceeds distributed among the parties according to their respective adjusted interests (K.S.A. § 60-1003(c)(4));

D. Order any accounting supported by the evidence and adjust the parties' shares or proceeds as permitted by law;

E. Tax the costs, attorney fees, and expenses — including the cost of preparing or bringing up to date an abstract of title or title insurance — and apportion the same among the parties according to their respective interests, with execution as in other cases (K.S.A. § 60-1003(c)(5));

F. Exercise the Court's full equitable powers to secure the parties' respective interests (K.S.A. § 60-1003(d)); and

G. Grant such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[Attorney name], Kansas Sup. Ct. No. [__________]
[Firm address]
[Phone] | [Email]
ATTORNEY FOR PLAINTIFF

PART 3 — VERIFICATION

STATE OF KANSAS
COUNTY OF [____________________] ss.

[____________________________________], of lawful age, being first duly sworn upon oath, states that [☐ I am the Plaintiff / ☐ I am authorized to verify this Petition on behalf of Plaintiff]; that I have read the foregoing Petition for Partition; and that the statements therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[Plaintiff Name]

Subscribed and sworn to before me this [____] day of [______________], [______].

______________________________
Notary Public — State of Kansas
My appointment expires: [__/__/____]

PART 4 — OPTIONAL VERIFIED STATEMENT FOR LAND IN ANOTHER COUNTY

Use this statement only if the petition is filed in one Kansas county and affected real property is situated in another county. K.S.A. § 60-2201(b) requires a verified statement, a $5 filing fee, and filing with the register of deeds of the other county to impart notice there. Filing the petition gives the notice described by § 60-2201(a) for the county of suit only if the summons is served or first publication is made within 90 days after petition filing.

VERIFIED STATEMENT OF PENDING PARTITION ACTION — K.S.A. § 60-2201(b)

I state that a partition action affecting the property described below is pending in the District Court of [FILING COUNTY] County, Kansas:

County in which this statement is recorded: [OTHER COUNTY] County, Kansas

Real property affected in that county (legal description):

[____________________________________________________________]

I verify under oath that the foregoing identifies the pending action and the affected property in [OTHER COUNTY] County.

Verified by: ______________________________ Date: [__/__/____]

Printed name and capacity: [________________________________]

Subscribed and sworn before me on [__/__/____].

Notary public: ______________________________ Commission expires: [__/__/____]

Other-county register of deeds filing date / receipt: [________________________________]

Copy of final judgment filed there on: [__/__/____ / NOT YET ENTERED]

After recording, return to: [Attorney name and firm address]

PART 5 — INITIAL SERVICE RECORD

The petition and summons will be served on each defendant through a method permitted for initial process. Record the actual service and attach the return or other proof. Publication under K.S.A. § 60-307 is available only when its conditions are met, after the required affidavit or declaration, publication, and mailing where required.

Date 90 days after petition filing: [__/__/____]

Sources and References

• K.S.A. § 60-1003 — partition petition, commissioners, election or sale, fees, equitable powers
• K.S.A. § 60-601(b)(2) — partition venue
• K.S.A. § 60-2201 — pendency notice and verified statement in another county
• K.S.A. § 60-307 — service by publication, when permitted