Kentucky Revised Statutes
Ky. Rev. Stat. § 381.120 (2026)
Joint tenants -- Partition -- Death of one
✓ current as of May 2026
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Joint tenants may be compelled to make partition, and when a joint tenant dies, the joint tenant's part of the joint estate, real or personal, shall descend to the joint tenant's heirs, or pass by devise, or go to the joint tenant's personal representative, subject to debts, curtesy, dower, or distribution. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 267, sec. 1, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2348.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1957–2021 · leading case: Sanderson v. Saxon, 834 S.W.2d 676 (Ky. 1992).
Sanderson v. Saxon, 834 S.W.2d 676 (Ky. 1992). “The trial court interpreted KRS 381.120 (formerly Ky.Stat. Sec. 2348) as abolishing the right of survivorship in estates held in joint tenancy, with the exception of those circumstances described in KRS 381.”
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017). “15 (2016); Ky. Rev. Stat. §§ 381.120, 381.130 (West 2002); Miss.”
Brown v. Commonwealth, 40 S.W.3d 873 (Ky. Ct. App. 1999). “02 provides in part as follows: Except for child support arrearages, where wages are garnisheed, the attorney for the party in whose behalf the order of *883 wage garnishment was issued, or the clerk of the court if such party has no attorney of record, shall safely hold the…”
Atkinson v. Kish, 420 S.W.2d 104 (Ky. Ct. App. 1967). “They are KRS 381.120 (as qualified by KRS 381.-130), KRS 381.”
Suzanne Wheeler v. Katharine Layton (Ky. Ct. App. 2021). “2006); see also KRS 381.120. And, at his death, Katharine retained her one-half ownership interest in the property as a tenant in common.”
Higgason v. Brown (In re Brown), 504 B.R. 446 (Bankr. E.D. Ky. 2014). “§ 381.120. . If the Property is truly uniform, as the testimony suggests, a survey could easily split the Property, regardless of the location of the logging road.”
Cromer v. Acton, 298 S.W.2d 20 (Ky. Ct. App. 1957). “This statute is not applicable here, however, since it manifestly appears from the will that should Estella and the other class members predecease the life tenant, Eva (their mother), the home fárm is to be shared equally by the four eldest sons.”
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