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 (district court of the county where the land, or the greater part of it, lies).
☐ Prepare a Notice of Pendency of Action (lis pendens) for filing with the register of deeds.
☐ 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, and venue is proper in [____________________] County because the real property, or the greater part thereof, lies in this county.

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 the use, management, or disposition of the Property, and Plaintiff is entitled to partition under K.S.A. § 60-1003.

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. An equitable accounting among the co-owners is required so that each owner is charged or credited for the following, and the Court is empowered under K.S.A. § 60-1003(d) to make any order necessary for a just and equitable partition and to secure the parties' respective interests:

☐ 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 the reasonable rental value attributable to a co-owner's exclusive possession or ouster: [____________________________________].

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

15. Plaintiff requests that the Court adjust the parties' respective shares of the Property, or of the net proceeds of any sale, to reflect the foregoing accounting.

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 a full accounting among the co-owners and adjust the parties' shares of the Property or proceeds to reflect contributions, rents/ouster offsets, improvements, and any equalizing payment;

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 — NOTICE OF PENDENCY OF ACTION (LIS PENDENS) (K.S.A. § 60-2201 et seq.)

NOTICE OF PENDENCY OF ACTION

Notice is hereby given that an action affecting the title to the following described real property is pending in the District Court of [____________________] County, Kansas:

Real Property Affected (legal description):

[____________________________________________________________]

Dated this [____] day of [______________], [______].

______________________________
[Attorney name], Kansas Sup. Ct. No. [__________]
ATTORNEY FOR PLAINTIFF

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

PART 5 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing was served upon all parties of record by [☐ the Kansas eFiling system / ☐ U.S. Mail / ☐ personal service / ☐ service by publication per K.S.A. § 60-307] at the addresses below:

[____________________________________________________________]

______________________________
[Attorney name], Kansas Sup. Ct. No. [__________]

Sources and References

• K.S.A. § 60-1003 (Partition): https://ksrevisor.gov/statutes/chapters/ch60/060_010_0003.html
• K.S.A. § 60-1003(c)(2) (three commissioners; appraisal)
• K.S.A. § 60-1003(c)(4) (election or sheriff's sale at not less than two-thirds of appraised value)
• K.S.A. § 60-1003(c)(5) (costs, attorney fees, abstract/title expenses)
• K.S.A. § 60-1003(d) (general equitable powers)
• K.S.A. § 60-2201 et seq. (lis pendens)
• Note: Kansas has NOT enacted the Uniform Partition of Heirs Property Act; UPHPA was introduced as 2018 SB 329 but did not become law.