Can I force sale of a co-owned home or make my sibling buy out my share under Missouri law?

Short answer: Under Missouri law, a co-owner of real estate can ask the circuit court to partition the property. The court can divide the land (partition in kind) or order a sale and distribute proceeds. The court can also facilitate — and sometimes order — a buyout so one owner keeps the property. What happens in practice depends on how title is held, whether the property is in probate or a trust, liens or mortgages, and the facts each side presents.

This article explains the usual Missouri process, required documents, likely outcomes, and practical tips. This is educational information only and not legal advice.

1. What is a partition action?

A partition action is a lawsuit asking the circuit court where the property is located to divide co-owned real estate among owners or to order a sale and split the proceeds. Missouri’s statutes on partition govern the procedure and powers of the court. See the Missouri Revised Statutes on partition: RSMo Chapter 525 (Partition).

2. Who can file?

• Any person who has an ownership interest in the property (typically tenants in common) may file.
• If title is held as joint tenants with right of survivorship, a deceased owner’s interest may have passed automatically and a partition claim may not be available in the same way.
• If the property is still part of a parent’s probate estate or owned by a trust, the probate/trust process affects what steps are required before or instead of a partition action.

3. Typical step-by-step process in Missouri

1. Confirm ownership and other interests. Check the deed, wills, trust documents, mortgages, liens, and whether title shows joint tenancy or tenancy in common.
2. Try negotiation or mediation first. Courts often expect parties to attempt settlement. Mediation can produce a buyout, sale agreement, or allocation of costs without litigation.
3. Prepare and file a partition petition in circuit court. The petitioner files a petition in the circuit court of the county where the property sits. The petition must name all co-owners and other interested parties (mortgage holders, lienholders). The petition asks the court to partition the property in kind or sell it and distribute proceeds.
4. Service of process and pleadings. All named parties must be served with the petition so they can respond.
5. Temporary orders if needed. The petitioner can seek temporary relief to preserve property value, collect rents, or prevent waste (for example, an order preventing one co-owner from selling or mortgaging the property while the case is pending).
6. Court may appoint commissioners or referees. The court can appoint neutral commissioners to view and report on the property, survey a proposed division, and recommend sale procedures or values.
7. Valuation and accounting. The court may order appraisals and require accounting of rents, expenses, and payments made by each co-owner. Improvements and outlays can affect final distribution.
8. Decision: partition in kind, sale, or buyout. If the court finds a fair division possible, it can award separate parcels. If division is impractical or would substantially reduce value, it usually orders a sale and splits net proceeds according to ownership shares. A buyout can occur when one owner wishes to keep the property and pays the fair value of others’ shares. The court can facilitate this by determining the value and directing payment.
9. Sale process and distribution. If the court orders sale, the court prescribes sale terms (often a public auction or broker sale), pays off liens and mortgages from proceeds, deducts costs, and distributes the remainder according to ownership and any court adjustments.

4. How does the court decide between division, sale, or buyout?

Missouri courts consider whether it is practical to divide the land without substantially harming its value. Factors include the shape and improvements on the property, utility lines, access, and fairness to owners. If division would be impractical or inequitable, the court usually orders sale. The court can order an appraisal and use that figure to permit a buyout where one owner pays the other(s) their share.

5. How are debts, mortgages, taxes, and improvements handled?

Liens and mortgages stay attached to the property and are paid from sale proceeds before owners receive distribution. The court can credit owners who paid mortgages, taxes, or made improvements, subject to proof. Expect requests for detailed receipts and proof of payments.

6. Timeframe and costs

A contested partition action can take several months or more than a year, depending on complexity, appraisals, and whether sale is by private contract or auction. Costs include filing fees, service fees, appraisals, possible commissioner or referee fees, and attorney fees. Courts do not always award attorney fees to the prevailing party unless statute or agreement permits; ask an attorney about fee exposure.

7. Practical options to consider before filing

• Ask the co-owner if they will buy you out. Obtain a written buyout offer and a professional appraisal to set fair price.
• Propose a sale with agreed broker terms to avoid auction or litigation costs.
• Consider mediation to split proceeds, adjust for unequal contributions, or set offsetting payments for improvements or mortgage payments.
• If parents are alive, discuss whether they will sell or refinance; if deceased, coordinate with the probate personal representative before initiating partition.

8. Documents to gather before you talk to an attorney or file

• Current deed(s) and chain of title.
• Copies of wills, trust documents, or probate filings (if parents are deceased).
• Mortgage statements, tax bills, and lien notices.
• Insurance policies and declarations.
• Records of rent, utility payments, repairs, and receipts for improvements.
• Any written agreements among owners (oral agreements are harder to enforce).

9. How an attorney can help

An attorney can:

• Review title and ownership form and advise whether partition is available.
• Draft and file the partition petition and related motions (temporary injunctions, requests for appraisals, accountings).
• Negotiate buyouts or sales and represent you at mediation or trial.
• Explain tax and distribution consequences and help protect your share of proceeds.

10. Where to find the law

Missouri’s partition rules are in the Missouri Revised Statutes. See the partition chapter here: RSMo Chapter 525 (Partition). For court procedures and local filing rules, contact the circuit court clerk in the county where the property is located or visit the Missouri Courts site.

Helpful Hints

• Confirm how title is held. A deed showing “joint tenancy with right of survivorship” is different from “tenants in common.”
• Communicate early with co‑owners. A negotiated buyout often saves months and litigation costs.
• Get a professional appraisal so you and the court have an objective value for buyout or sale decisions.
• Keep records of any money you paid for mortgages, taxes, insurance, or repairs—these can affect your share of proceeds.
• If the property is in probate or a trust, work with the estate representative before filing a separate partition action.
• Consider mediation first—many courts require or encourage it before a trial.
• Understand that a forced sale can result in a lower price (auction or court‑ordered sale) than a negotiated market sale.
• Ask your attorney about possible requests for the court to order one party to post security, pay costs, or preserve property condition while the case proceeds.

Next steps: If you want to proceed, gather the documents listed above and contact a Missouri real estate or civil litigation attorney in the county where the property is located. If you prefer an out‑of‑court resolution, propose a written buyout or sale plan and consider mediation.

Disclaimer: This article is for educational purposes only and does not create an attorney‑client relationship. It is not legal advice. Laws change and each case is different. Consult a licensed Missouri attorney about the specific facts of your situation.