Partition Action Complaint - Kentucky

KENTUCKY COMPLAINT FOR SALE OR DIVISION OF JOINTLY OWNED REAL PROPERTY

PART 1 — PRE-FILING CHECKLIST

☐ Obtain a current title examination identifying every co-owner and lienholder; name all owners who do not join as plaintiffs as defendants (KRS § 389A.030(1)).
☐ Determine whether any defendant is under a disability with no fiduciary acting (a guardian ad litem is required — KRS § 389A.030(2)).
☐ Identify any life or term interests in the Property (KRS §§ 389A.030(6), 381.136).
☐ Decide whether to raise divisibility; indivisibility is presumed unless raised by the pleadings (KRS § 389A.030(3)).
☐ Compile an accounting of contributions (taxes, insurance, mortgage, necessary repairs/improvements) and offsets (rents collected, exclusive possession/ouster) for each co-owner (Talley v. Paisley, 525 S.W.3d 523 (Ky. 2017)).
☐ Confirm venue (Circuit Court of the county in which the land, or the greater part thereof, lies).
☐ Prepare and file a lis pendens notice (KRS § 426.560).

PART 2 — COMPLAINT

Court Caption

COMMONWEALTH OF KENTUCKY
[____________________] CIRCUIT COURT
DIVISION [______]

Civil Action No.: [________________________________]

COMPLAINT FOR SALE OR DIVISION OF REAL PROPERTY (KRS § 389A.030)

Comes the Plaintiff, by counsel, and for the cause of action against the Defendants states:

I. Parties

1. Plaintiff [____________________________________] is a [☐ natural person residing in / ☐ entity organized under the laws of] [____________________], with an address at [________________________________________________], and shares title to the Property described below.

2. Defendant [____________________________________] is, upon information and belief, a [☐ natural person / ☐ entity] with last known address at [________________________________________________], and is a co-owner of the Property who has not joined as Plaintiff (KRS § 389A.030(1)).

3. ☐ Defendant [____________________] holds a lien upon all or part of the Property and is joined as a party in interest.

4. ☐ Defendant [____________________] is under a disability and no fiduciary is acting; Plaintiff requests appointment of a guardian ad litem to represent that Defendant (KRS § 389A.030(2)).

II. Jurisdiction and Venue

5. This Court has jurisdiction over this action for sale or division of real property pursuant to KRS § 389A.030(1).

6. Venue is proper in [____________________] County because the land, or the greater part thereof, lies in this county (KRS § 389A.030(1)).

7. Two or more persons, other than tenants by the entirety in residential property actually occupied by them as a principal residence, share title to the Property in such manner that a conveyance by them jointly would pass a fee simple title; any one or more of them may bring this action (KRS § 389A.030(1)).

III. The Property

8. The real property subject to this action (the "Property") is located at [STREET ADDRESS, CITY], [____________________] County, Kentucky, and is legally described as follows:

Legal Description: [____________________________________________________________]

Parcel / PVA Map No.: [____________________________________]

Source of Title (Deed Book/Page): [____________________________________]

IV. Ownership and Respective Interests

9. The Property is owned by the parties in the following respective interests:

10. Plaintiff acquired Plaintiff's interest by [☐ Deed / ☐ inheritance / ☐ devise] as follows: [____________________________________], recorded in Deed Book [______], Page [______], [____________________] County Clerk's records; or [Estate/Case No. ____________].

11. ☐ One or more interests in the Property are for life or other term (KRS §§ 389A.030(6), 381.136): [describe life/term interest and remaindermen: ____________________________________].

V. Entitlement to Sale or Division

12. The co-owners cannot agree upon the use, management, or disposition of the Property, and Plaintiff is entitled to an order for the sale or division of the Property under KRS § 389A.030. This action shall be tried without a jury (KRS § 389A.030(1)).

VI. Divisibility — Division in Kind vs. Sale

13. Under KRS § 389A.030(3), indivisibility of the Property is presumed unless an issue with respect thereto is raised by the pleading of a party. Plaintiff alleges (check one):

☐ Sale. The Property is not divisible without materially impairing the value of the interests therein, because [single residential dwelling on one lot / division would materially diminish value / other: ______________]. Plaintiff requests that the Court order a sale of the Property and refer the matter to the master commissioner (or appoint a commissioner) to conduct a public sale and convey the Property, with the net proceeds distributed as the Court determines (KRS § 389A.030(4)).

☐ Division in kind. Plaintiff raises the issue of divisibility and alleges that the Property is divisible without materially impairing the value of any interest therein. Plaintiff requests that the Court order a division of the Property pursuant to KRS § 381.135, appointing commissioners to determine the division of the land jointly held and to complete any required survey, and (if the division is unequal) directing the party receiving the larger share to compensate the other party or parties proportionately.

VII. Accounting Among Co-owners

14. An equitable accounting among the co-owners is required. Under Kentucky law, a cotenant who has paid more than the cotenant's proportionate share toward liens, taxes, and other encumbrances is entitled to proportional contribution from the other cotenants, and the proceeds of sale shall first be applied to equalize such contributions before division according to ownership percentages (Talley v. Paisley, 525 S.W.3d 523 (Ky. 2017)). The accounting includes:

☐ 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 of another co-owner: [____________________________________].

☐ Owelty / equalizing payment to balance the values of parcels awarded in any division in kind (KRS § 381.135): [____________________________________].

15. Plaintiff requests that the Court determine the foregoing accounting and adjust the parties' shares of the Property, or of the net sale proceeds, accordingly.

VIII. Prayer for Relief

WHEREFORE, Plaintiff demands judgment against the Defendants as follows:

A. That the Court determine the respective interests of the parties in the Property;

B. That, the Property being indivisible (or not divisible without materially impairing value), the Court order the Property sold and refer the matter to the master commissioner, or appoint a commissioner, to conduct a public sale and convey the Property upon terms fixed by the Court, with distribution of the net proceeds (KRS § 389A.030(4)); OR, if the Property is divisible without materially impairing value, that the Court order a division in kind under KRS § 381.135 with commissioners and survey as required;

C. ☐ That a guardian ad litem be appointed for any Defendant under disability for whom no fiduciary is acting (KRS § 389A.030(2)), and that the value of any life or term interest be determined and satisfied as provided in KRS § 389A.030(6);

D. That the Court determine the accounting among the co-owners and adjust the parties' respective shares of the Property or proceeds to reflect contributions, rents/ouster offsets, improvements, and any equalizing payment;

E. That the costs of this action, including commissioner's and appraiser's fees and the cost of title examination, be apportioned among the parties according to their respective interests; and

F. That the Court grant such other and further relief, legal and equitable, to which Plaintiff may be entitled.

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[Attorney name], KBA No. [__________]
[Firm address]
[Phone] | [Email]
COUNSEL FOR PLAINTIFF

PART 3 — VERIFICATION

COMMONWEALTH OF KENTUCKY
COUNTY OF [____________________]

The affiant, [____________________________________], being first duly sworn, states that [☐ I am the Plaintiff / ☐ I am authorized to verify this Complaint on Plaintiff's behalf]; that I have read the foregoing Complaint; and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[Plaintiff Name]

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

______________________________
Notary Public — Commonwealth of Kentucky
My commission expires: [__/__/____]
Notary ID: [____________]

PART 4 — NOTICE OF LIS PENDENS (KRS § 426.560)

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

Notice is hereby given, pursuant to KRS § 426.560, that the following action affecting the title to and seeking the sale or division of the real property described below is pending:

Real Property Affected (legal description):

[____________________________________________________________]

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

______________________________
[Attorney name], KBA No. [__________]
COUNSEL FOR PLAINTIFF

Prepared by / 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 Kentucky Court of Justice eFiling system / ☐ U.S. Mail / ☐ personal service / ☐ warning order attorney per CR 4.10 for nonresident or unknown defendants] at the addresses below:

[____________________________________________________________]

______________________________
[Attorney name], KBA No. [__________]

Sources and References

• KRS § 389A.030 (Action in Circuit Court for sale or division of property): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36125
• KRS § 381.135 (Court-appointed commissioners to determine division of land jointly held; survey requirement)
• KRS § 381.136 (Life tenants and their descendants; partition)
• KRS § 426.560 (Lis pendens)
• Talley v. Paisley, 525 S.W.3d 523 (Ky. 2017) (cotenant entitled to proportional contribution for taxes, liens, and encumbrances; proceeds equalize contributions before division)
• Note: Kentucky has NOT enacted the Uniform Partition of Heirs Property Act; it has been introduced (e.g., 2025 SB70) but did not become law.