Q: Needing to find out what steps are necessary to remove a person from a house deed. Brother has kids living rent free.
House was in danger of being put up for sheriff sale until I paid delinquent taxes. I want possession and he refuses to cooperate
A: If two or more persons listed as tenants in common on a property, control of the property is problematic if they are unable to agree. In absence of an agreed sale and purchase of the other person's interest, Kansas law provides for the partition of the property through a court proceeding. If the property can be divided, the court has the power to divide the property. If the property is not easily divided, as in the example of a house, the law provides for an appraisal of the property by the court. Any of the parties may purchase the property at the appraised value. In absence of an agreed purchase, the court will order the sale of the property in an auction on the courthouse steps to the highest bidder (with a minimum threshold price). Co-owners are responsible for their share of expenses and improvements. You should consult with an attorney to determine the course of action. The law does provide that attorney fees may be ordered by the court for a partition action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.