Four siblings inherit their parents' Bardstown farmhouse equally as tenants in common. One sibling, Derek, wants to force a physical division or sale of the property because the other three siblings refuse to sell. What legal action can Derek pursue under Kentucky law?
Correct Answer
B) Derek can file a partition action to compel a physical division or court-ordered sale of the property.
Under Kentucky law, any co-owner of property held as tenants in common has the right to file a partition action in circuit court. The court may order either a physical division of the property (partition in kind) or, if physical division is impractical, a sale of the property with proceeds distributed among the co-owners in proportion to their interests. Derek can exercise this right regardless of the other siblings' objections.
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Related Topics & Key Terms
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Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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