(1) When two (2) or more persons other than tenants by the entirety in residential
property actually occupied by them as a principal residence share title to real estate
in such manner that a conveyance by them jointly would pass a fee simple title, any
one (1) or more of them may bring an action for the sale or division thereof in the
Circuit Court of the county in which the land, or the greater part thereof, lies,
making parties defendant those owners who have not joined as plaintiffs. A
fiduciary possessing a power of sale may institute such an action against owners of
interests not represented by him. Defendant owners shall be brought before the
court in the manner provided by the civil rules whether or not a fiduciary possesses
a power of sale of the defendant's interest, but any fiduciary possessing such a
power shall also be made a defendant. The case shall be tried without a jury.
(2) A defendant who is under disability and for whom no fiduciary is acting shall be
represented in the action by a guardian ad litem, but in the event of sale of such
defendant's interest the court shall retain control of the proceeds of such interest
until a duly appointed and adequately bonded fiduciary or custodian pursuant to a
court order makes claim to the funds.
(3) In all such actions indivisibility of the real estate shall be presumed unless an issue
in respect thereto is raised by the pleading of any party, and if the court is satisfied
from the evidence that the property is divisible, without materially impairing the
value of any interest therein, division thereof pursuant to KRS 381.135 shall be
ordered.
(4) If a sale of all or any part of the real estate shall be ordered, the court shall refer the
matter to the master commissioner or appoint a commissioner to conduct a public
sale and convey the property upon terms of sale and disposition of the net proceeds
as may have been determined by the court.
(5) The death of any party pending the action and prior to distribution of the proceeds
of sale or setting apart a divisible share shall not affect the action but the court may
direct distribution or apportionment to the successors in interest of the decedent
upon application therefor.
(6) If the interest of any party be one for life, or other term, in any portion of the real
estate, the court shall determine the value of such interest and direct that such party
receive a portion of the net sale proceeds or portion of the property if divisible, in
fee in satisfaction of such interest, but if any party to the action objects to such
procedure, and if the court finds that such procedure would defeat the objects and
purpose of a person not a party to the action, such as a testator, grantor or settlor,
but that sale or division is nevertheless desirable, the court shall order that the
interest of the life or term tenant shall continue as to his portion of the real estate or
the net proceeds of the sale thereof, in the latter case by directing that the funds
derived from the sale of that portion of the real estate in which the life or term
interest existed be paid to a trustee, appointed by and accountable to the District
Court, for reinvestment and distribution of income and principal in a manner
consistent with the instrument under which the life or term estate was created.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 277, sec. 6, effective July 15, 1982. -- Created
1980 Ky. Acts ch. 87, sec. 6, effective July 15, 1980.
Notes of Decisions
Roberts v. Roberts (2001)
kyctapp · cites it 8×
“030(3) only if the court is satisfied that the property is divisible. We conclude that the remaining issues, concerning an allegation that one of the commissioners had a conflict of interest, are harmless error for the same reason and thus must be disregarded.”
Ark Land Co. v. Harper (2004)
wva · cites it 2×
“§ 60-1003 (1994); Ky.Rev.Stat. Ann. § 389A.030 (Lexis 1999); La.”
Anne M. Talley v. Daniel J. Paisley (2017)
ky
“He filed a complaint several month's later, 'pursuant to KRS 389A.030, seeking to sell the residence and divide the equity in proportion to the parties’ contributions, arid specifying that Talley should be' solely responsible for the expenses associated with the house while she…”
Smith v. Williams (2012)
ky
“The Meade Circuit Court granted the Appellants’ motion for summary judgment in a partition action for the sale of jointly owned real estate pursuant to KRS 389A.030, having found that the statute of frauds, KRS 371.”
Acton v. Acton (2008)
kyctapp · cites it 2×
“filed an action in the circuit court, pursuant to KRS 389A.030, to compel the sale of the farm and the equal division of the proceeds.”
Maynard v. Boggs (1987)
kyctapp
“The statute regulating sales of indivisible property in Kentucky is KRS 389A.030. That statute has neither an “appraisal” or two-thirds” requirement.”
Gary Vander Boegh v. Brian Vander Boegh (2025)
kyctapp · cites it 6×
“Appellants’ next argument is that KRS 389A.030 and KRS 381.135(10) are unconstitutional because they do not allow for a jury trial.”
McKinney v. McKinney (1994)
kyctapp · cites it 9×
“SCHRODER, Judge: This appeal requires an interpretation of KRS 389A.030, the statutory right of partition for concurrent owners and a devise of estates and future interests in land.”
Collins v. Lewis (2010)
kyctapp · cites it 4×
“KRS 389A.030 provides a mechanism for the sale or division of property that is jointly owned.”
Georgetown College v. Alexander (2003)
kyctapp
“00 is in the best interest of all the parties, including any unborn persons; further, that the interest of the life tenant should continue "as to the funds derived from the sale and that said proceeds should be reinvested and income therefrom distributed as set forth in KRS 389A.”
— Ky. Rev. Stat. § 389A.030(1) — 6 cases
Roberts v. Roberts (2001)
kyctapp
“030(3) only if the court is satisfied that the property is divisible. We conclude that the remaining issues, concerning an allegation that one of the commissioners had a conflict of interest, are harmless error for the same reason and thus must be disregarded.”
Acton v. Acton (2008)
kyctapp
“filed an action in the circuit court, pursuant to KRS 389A.030, to compel the sale of the farm and the equal division of the proceeds.”
— Ky. Rev. Stat. § 389A.030(3) — 7 cases
Roberts v. Roberts (2001)
kyctapp
“030(3) only if the court is satisfied that the property is divisible. We conclude that the remaining issues, concerning an allegation that one of the commissioners had a conflict of interest, are harmless error for the same reason and thus must be disregarded.”
Collins v. Lewis (2010)
kyctapp
“KRS 389A.030 provides a mechanism for the sale or division of property that is jointly owned.”
— Ky. Rev. Stat. § 389A.030(4) — 2 cases
— Ky. Rev. Stat. § 389A.030(6) — 2 cases
Georgetown College v. Alexander (2003)
kyctapp
“00 is in the best interest of all the parties, including any unborn persons; further, that the interest of the life tenant should continue "as to the funds derived from the sale and that said proceeds should be reinvested and income therefrom distributed as set forth in KRS 389A.”
McKinney v. McKinney (1994)
kyctapp
“SCHRODER, Judge: This appeal requires an interpretation of KRS 389A.030, the statutory right of partition for concurrent owners and a devise of estates and future interests in land.”
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