{"data":{"id":"us-ky/krs-389a.030","jurisdiction":"us-ky","citation":"KRS 389A.030","heading":"Action in Circuit Court for sale or division of property.","body":"(1) When two (2) or more persons other than tenants by the entirety in residential\nproperty actually occupied by them as a principal residence share title to real estate\nin such manner that a conveyance by them jointly would pass a fee simple title, any\none (1) or more of them may bring an action for the sale or division thereof in the\nCircuit Court of the county in which the land, or the greater part thereof, lies,\nmaking parties defendant those owners who have not joined as plaintiffs. A\nfiduciary possessing a power of sale may institute such an action against owners of\ninterests not represented by him. Defendant owners shall be brought before the\ncourt in the manner provided by the civil rules whether or not a fiduciary possesses\na power of sale of the defend ant's interest, but any fiduciary possessing such a\npower shall also be made a defendant. The case shall be tried without a jury.\n(2) A defendant who is under disability and for whom no fiduciary is acting shall be\nrepresented in the action by a guardian a d litem, but in the event of sale of such\ndefendant's interest the court shall retain control of the proceeds of such interest\nuntil a duly appointed and adequately bonded fiduciary or custodian pursuant to a\ncourt order makes claim to the funds.\n(3) In all such actions indivisibility of the real estate shall be presumed unless an issue\nin respect thereto is raised by the pleading of any party, and if the court is satisfied\nfrom the evidence that the property is divisible, without materially impairing the\nvalue of any interest therein, division thereof pursuant to KRS 381.135 shall be\nordered.\n(4) If a sale of all or any part of the real estate shall be ordered, the court shall refer the\nmatter to the master commissioner or appoint a commissioner to conduct a public\nsale and convey the property upon terms of sale and disposition of the net proceeds\nas may have been determined by the court.\n(5) The death of any party pending the action and prior to distribution of the proceeds\nof sale or setting apart a divisi ble share shall not affect the action but the court may\ndirect distribution or apportionment to the successors in interest of the decedent\nupon application therefor.\n(6) If the interest of any party be one for life, or other term, in any portion of the rea l\nestate, the court shall determine the value of such interest and direct that such party\nreceive a portion of the net sale proceeds or portion of the property if divisible, in\nfee in satisfaction of such interest, but if any party to the action objects to  such\nprocedure, and if the court finds that such procedure would defeat the objects and\npurpose of a person not a party to the action, such as a testator, grantor or settlor,\nbut that sale or division is nevertheless desirable, the court shall order that the\ninterest of the life or term tenant shall continue as  to his portion of the real estate or\nthe net proceeds of the sale thereof, in the latter case by directing that the funds\nderived from the sale of that portion of the real estate in which the life or term\ninterest existed be paid to a trustee, appointed by and accountable to the District\nCourt, for reinvestment and distribution of income and principal in a manner\nconsistent with the instrument under which the life or term estate was created.","path":["KRS Chapter 389A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36125","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:22Z","sha256":"4176a990b8cd199d7d97a56b4136dddc202d3ec53498728cebea248b909c71d9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-389a.025","next":"us-ky/krs-389a.032"},"notice":"GroundRules: Original legal text. Not legal advice."}