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381.130 Exceptions to KRS 381.120.
(1)
(2)
KRS 381.120 shall not apply to any estate which joint tenants hold as executors or
trustees, nor, except as provided in subsection (2) of this section, to an estate
conveyed or devised to persons in their own right, when it manifestly appears, from
the tenor of the instrument, that it was intended that the part of the one dying should
belong to the others, neither shall it affect the mode of proceeding on any joint
contract or judgment.
(a) 1.
Except as provided in paragraph (b) of this subsection, one (1) or more
joint tenants of real property may partition their interest in the real
property during their lifetime by deed or other instrument.
2.
The deed or other instrument shall express the intent of the joint tenant
to partition the joint tenant's interest in the real property and shall be
recorded at the office of the county clerk in the county where the real
property or any portion of the real property is located.
3.
The partitioning shall be effective at the time the deed or other
instrument is recorded.
(b) Residential real property that is owned exclusively by husband and wife as
joint tenants with a right of survivorship and actually occupied by them as a
principal residence shall not be partitioned as provided in paragraph (a) of this
subsection.
(c) The deed or other instrument shall convert the partitioning joint tenant's
interest in the real property into a tenancy in common with the remaining joint
tenants. If there are two (2) or more nonpartitioning joint tenants, the interests
of the nonpartitioning joint tenants in relation to each other shall be governed
pursuant to the terms of the instrument creating the interest.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 267, sec. 2, effective July 15, 1998. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2349.
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