Ky. Rev. Stat. » Chapter 389
Kentucky Revised Statutes

Ky. Rev. Stat. § 389.020 (2026)

Repealed, 1980

✓ current as of May 2026
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Catchline at repeal: Sale by court order of realty jointly owned -- Action for confirmation of sale -- Action for division and distribution of sale proceeds of property involving life estate and reminder. History: Repealed 1980 Ky. Acts ch. 87, sec. 10, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 386, sec. 73. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 490 -- C.C. sec. 490 amended and reenacted 1926 Ky. Acts ch. 26, sec. 1. -- C.C. sec. 490 amended and reenacted 1916 Ky. Acts ch. 119, sec. 1.

Notes of Decisions
Cited in 12 cases, 1954–1981 · leading case: Terteling Bros., Inc. v. Bennett, 287 S.W.2d 607 (Ky. Ct. App. 1956).
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Terteling Bros., Inc. v. Bennett, 287 S.W.2d 607 (Ky. Ct. App. 1956). · cites it 3× “Appellant, under KRS 389.020 (once, § 490 of the Civil Code of Practice) by petition to the circuit- court sought a judgment ordering sale of the undivided -interest in the oil, gas.”
Moore v. United States, 214 F. Supp. 603 (W.D. Ky. 1963). · cites it 6× “No action was instituted in the Nelson Circuit Court by Muriel Moore under KRS 389.020 and KRS 389.050 to have C. P.”
Hollon v. Rose, 268 S.W.2d 641 (Ky. Ct. App. 1954). · cites it 2× “Hollon appeals from a judgment for the sale of two tracts of land and for division of the proceeds thereof pursuant to section 490 of Carroll’s Civil Code of Practice (Now KRS 389.020). Alice Hollon, wife of appellant, died intestate in 1928, survived by her husband and three…”
Kidwell v. Mason, 564 S.W.2d 534 (Ky. 1978). “(KRS 389.020). Ernie filed an answer and counterclaim in which he alleged that Julia, by her action and conduct in the dissolution of marriage action, was estopped to and had waived any interest or claim she may have in or to these properties.”
Atkinson v. Kish, 420 S.W.2d 104 (Ky. Ct. App. 1967). “KRS 389.020(1) (b) and (c), formerly Civil Code § 490-2 and 3.”
Battoe v. Beyer, 285 S.W.2d 172 (Ky. Ct. App. 1955). “Fairrie Battoe, a joint owner, and her husband, appellants, filed this action against the widow and other joint owners Under KRS 389.020, formerly. Civil Code Section 490, seeking a sale of the real estate on the ground of indivisibility.”
Adams Real Est. Corp. v. Ward, 458 S.W.2d 622 (Ky. Ct. App. 1970). “(KRS 389.020(1) (b)).” We deem it unnecessary to report the evidence.”
Dawson Daylight Coal Co. v. Beshear, 287 S.W.2d 925 (Ky. Ct. App. 1956). “This is an appeal by the Dawson Daylight Coal Company from a judgment of the Hopkins Circuit Court dismissing its petition against the appellees filed pursuant to KRS 389.020, seeking sale of the minerals in a tract of land.”
Maher v. Maher, 154 F. Supp. 804 (E.D. Ky. 1957). · cites it 4× “The action is brought by Leslie Maher, his infant daughter, Leslie Ann Maher, by next friend, and Edith June Maher, wife of Leslie Maher, pursuant to KRS 389.020(1) (b). The statute, insofar as pertinent, authorizes a judicial sale of a vested estate in real property jointly…”
Woods v. Woods, 418 S.W.2d 757 (Ky. Ct. App. 1967). “KRS 389.020(1) (b). The burden of proof is on the party who pleads indivisibility and he must establish that partition will materially impair its value.”
Meredith v. Meredith, 619 S.W.2d 508 (Ky. Ct. App. 1981). “Appellant Williams argues that the law in Kentucky under KRS 389.020(1), and cases thereunder, clearly requires the payment of attorney’s fee from the proceeds when there is a sale or partition of indivisible lands.”
Traynor v. Traynor, 333 S.W.2d 943 (Ky. Ct. App. 1960). “KRS 389.020(1)- (b). Title to the property was acquired from the executors of the will of the parties’ uncle, and in their deed the tract was described as two parcels, one containing 47 acres and the other 55 acres.”
— Ky. Rev. Stat. § 389.020(1) — 7 cases
Atkinson v. Kish, 420 S.W.2d 104 (Ky. Ct. App. 1967). “KRS 389.020(1) (b) and (c), formerly Civil Code § 490-2 and 3.”
Moore v. United States, 214 F. Supp. 603 (W.D. Ky. 1963). “No action was instituted in the Nelson Circuit Court by Muriel Moore under KRS 389.020 and KRS 389.050 to have C. P.”
Adams Real Est. Corp. v. Ward, 458 S.W.2d 622 (Ky. Ct. App. 1970). “(KRS 389.020(1) (b)).” We deem it unnecessary to report the evidence.”
Maher v. Maher, 154 F. Supp. 804 (E.D. Ky. 1957). “The action is brought by Leslie Maher, his infant daughter, Leslie Ann Maher, by next friend, and Edith June Maher, wife of Leslie Maher, pursuant to KRS 389.020(1) (b). The statute, insofar as pertinent, authorizes a judicial sale of a vested estate in real property jointly…”
Woods v. Woods, 418 S.W.2d 757 (Ky. Ct. App. 1967). “KRS 389.020(1) (b). The burden of proof is on the party who pleads indivisibility and he must establish that partition will materially impair its value.”
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