Q: Can someone owe 5% of the property do partition action and forced to sell it in caution?

A: Kansas law provides a process for a joint owner of real or personal property to file a petition for such property to be partitioned among the owners. K.S.A. 60-1003. Any owner may file a petition identifying the property and alleging the ownership interests of the parties. The court initially makes a determination of the ownership interests of the parties and orders partition. The court then appoints three commissioners to partition the property among the parties or, if such partition is not practically possible, to value the property and report such values to the court. If a party disagrees with the report, then a hearing is held to determine how to resolve the case. Where the court determines the property is not subject to partition in kind and establishes a value for the property or separate tracts, any party may elect to purchase the ownership interests of the other parties in such property or separate tracts. If more than one party seeks to purchase the same property, or if no party elects to purchase the property, then the property is auctioned by the sheriff at a sale that must be made at not less than two-thirds of the valuation placed on the property by the commissioners. The court making the partition shall tax the costs, attorneys fees, and expenses and apportion them among the parties according to their respective interests.

You should seek the advice of counsel to evaluate the respective interests of the parties in the property and options for resolving the matter, whether through settlement, mediation, or a fully adverse proceeding.