A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
Kentucky Complaint for Partition of Real Property is a legal document filed by a co-owner of a property when they seek to legally divide or sell the property. This complaint is commonly used when there is a dispute among co-owners regarding the use or sale of the property, and they are unable to reach an agreement through negotiation or mediation. Keywords: Kentucky, Complaint for Partition of Real Property, legal document, co-owner, divide, sell, dispute, negotiation, mediation. There are two types of Kentucky Complaint for Partition of Real Property: 1. Complaint for Partition by Sale: In this type of complaint, the co-owner asks the court to order the sale of the property and distribute the proceeds among the co-owners according to their percentage of ownership. This is the most common type of complaint used when the co-owners cannot come to an agreement on the use or sale of the property. Keywords: Complaint for Partition by Sale, court order, distribute proceeds, ownership percentage, agreement. 2. Complaint for Partition in Kind: This type of complaint is filed when the co-owner prefers to physically divide the property rather than selling it. The co-owner asks the court to order the property to be split into separate parcels, each co-owner receiving their respective portion. This type of partition is typically sought when the property is large enough to be divided without causing significant loss in value. Keywords: Complaint for Partition in Kind, physically divide, separate parcels, respective portion, loss in value. Both types of complaints require the co-owner to provide a detailed description of the property, including its location, boundaries, and any improvements or structures on the property. It is essential to include the legal description of the property, such as lot numbers or metes and bounds descriptions, to ensure accuracy in identifying the property. In addition to describing the property, the complaint should state the co-owner's interested in the property, the reason for seeking partition, and the desired outcome. It is crucial to present a strong argument for why the property should be divided or sold and provide any supporting documents or evidence. Keywords: property description, location, boundaries, improvements, structures, legal description, interest, reason for seeking partition, desired outcome, argument, supporting documents, evidence. Overall, a Kentucky Complaint for Partition of Real Property allows co-owners to address disputes by seeking a legal resolution for the division or sale of property. Whether through a Complaint for Partition by Sale or Complaint for Partition in Kind, this legal document provides a formal means for co-owners to protect their rights and interests in real estate. Keywords: dispute resolution, division, sale, protect rights, interests, real estate.
