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.
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