{"data":{"id":"us-ky/krs-381.130","jurisdiction":"us-ky","citation":"KRS 381.130","heading":"Exceptions to KRS 381.120.","body":"(1) KRS 381.120 shall not apply to any estate which joint tenants hold as executors or\ntrustees, nor, except as provided in subsection (2) of this section, to an estate\nconveyed or devised to persons in their own right, when it manifestly appears, from\nthe tenor of the instrument, that it was intended that the part of the one dying should\nbelong to the others, neither shall it affect the mode of proceeding on any joint\ncontract or judgment.\n(2) (a) 1. Except as provided in paragraph (b) of this subsection, one (1) or more\njoint tenants of real property may partition their interest in the real\nproperty during their lifetime by deed or other instrument.\n2. The deed or other instrument shall express the intent of the joint tenant\nto partition the joint tenant's int erest in the real property and shall be\nrecorded at the office of the county clerk in the county where the real\nproperty or any portion of the real property is located.\n3. The partitioning shall be effective at the time the deed or other\ninstrument is recorded.\n(b) Residential real property that is owned exclusively by husband and wife as\njoint tenants with a right of survivorship and actually occupied by them as a\nprincipal residence shall not be partitioned as provided in paragraph (a) of this\nsubsection.\n(c) The deed or other instrument shall convert the partitioning joint tenant's\ninterest in the real property into a tenancy in common with the remaining joint\ntenants. If there are two (2) or more nonpartitioning joint tenants, the interests\nof the nonpartitioning joint tenants in relation to each other shall be governed\npursuant to the terms of the instrument creating the interest.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35404","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:10Z","sha256":"ac4ebeb2475e45e25f4ae972134f9dded128e7678843ad435ce81e151e862c2a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.120","next":"us-ky/krs-381.135"},"notice":"GroundRules: Original legal text. Not legal advice."}