Disclaimer
This article is for informational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney in Missouri.
Detailed Answer
Under Missouri law, when heirs inherit real estate, each heir holds an undivided interest as a co-tenant. These rights vest 60 days after the decedent’s death, see RSMo §472.030. No single co-owner can unilaterally force a sale or claim exclusive possession without considering the other co-owners’ interests.
If one heir wants to live in the inherited property while another wants to sell, the co-owners generally have these options:
- Negotiated Buyout: The occupying heir offers to purchase the non-occupying heir’s share at fair market value. A professional appraisal helps set an objective price and can prevent disputes.
- Partition Action in Court: Any co-owner may petition the court to divide or sell the property, see RSMo §525.010. The court first attempts a partition in kind (dividing the land). If division is impractical, the court orders a sale at public auction, see RSMo §525.050. After sale and payment of liens and costs, net proceeds go to each co-owner based on their interest.
- Accounting for Use and Occupancy: In a partition action, courts can require the occupying co-owner to pay rent or compensation to the non-occupying co-owner. The court considers fair rental value, maintenance expenses, and improvements when apportioning proceeds.
- Private Settlement Agreement: Co-owners may draft a written agreement outlining who may live on the property, for how long, how expenses will be shared, and under what conditions a sale may occur. A clear agreement reduces litigation risk.
Helpful Hints
- Obtain a certified appraisal to establish fair market value before negotiations.
- Keep detailed records of maintenance, repairs, and improvements made by each co-owner.
- Consider mediation or collaborative negotiation to resolve disputes more quickly and at lower cost than litigation.
- Understand that a court-ordered partition can take several months and incur filing fees, appraisal costs, and attorney fees.
- Seek guidance from a Missouri real estate attorney to review partition procedures, draft agreements, or negotiate buyouts.