Detailed Answer
Short summary: In Missouri, a co-tenant may file a partition action to divide or force the sale of jointly owned real property. You can defend by timely answering the complaint, asserting available legal and equitable defenses (for example, claiming an agreement that bars partition, asking for an accounting/credits for payments or improvements, or seeking partition in kind or a buyout), and negotiating a settlement or buyout. The court follows Missouri partition statutes (Chapter 512) when deciding whether to divide the property physically or order a sale.
How partition works in Missouri
Missouri law provides procedures for dividing jointly owned real estate. See Missouri Revised Statutes, Chapter 512, which governs partition actions and the court’s powers and procedures: RSMo Chapter 512 — Partition of Real Estate. The basic options are:
- Partition in kind: physically divide the land if practicable;
- Partition by sale: if division isn’t practical, the court orders sale and divides proceeds among owners according to shares;
- Buyout: a co-tenant may purchase the other owner’s interest so the property stays in the family.
Immediate steps to take
- Do not ignore the lawsuit. File a written answer in the circuit court where the case was filed within the time allowed for your response. Missing deadlines can waive defenses.
- Gather documents: deed(s), will or trust documents, probate paperwork, mortgage records, tax bills, receipts for repairs/improvements, rental/occupancy history, and communications with the co-tenant.
- Talk to an attorney experienced with Missouri partition law as soon as possible. If you cannot afford one, look for legal aid or local bar association referral services.
Common defenses and claims to assert in Missouri
When you answer the complaint, include defenses and counterclaims that apply to your situation. Typical issues include:
- Agreement to bar partition: If the co-tenants agreed (in writing or sometimes orally and by conduct) that the property would not be sold, that agreement can be raised as a defense.
- Accounting and credits: Ask the court to account for payments one co-tenant made for mortgages, taxes, insurance, repairs, or improvements. Missouri courts often grant credits so a co-tenant who paid more is compensated before proceeds are split. Keep records and receipts to support your claim.
- Occupancy and rental offsets: If you lived in the inherited home and the other co-tenant received rent or otherwise benefited, you can seek offsets or charge rent against the other’s share.
- Equitable defenses: Invoke laches, estoppel, or unclean hands if the co-tenant’s conduct makes partition unfair. For example, if a co-tenant induced you to delay action or made representations you relied on, the court may consider that.
- Request partition in kind or a buyout: If the property can be divided without substantial harm to value or if a buyout is feasible, ask the court to permit that instead of an open sale.
- Request an independent appraisal: Ask the court to require a neutral appraisal to establish fair market value and inform buyout or sale terms.
Practical defenses that affect outcome
Even if the court can order a sale, you can influence the result and your net recovery:
- Prove contributions: Demonstrate payments for mortgage, taxes, insurance, or repairs. Courts commonly credit such payments and reduce the paying co-tenant’s share of sale proceeds owed to others.
- Show lasting improvements: If you invested in capital improvements that raised property value, seek reimbursement or an equitable adjustment.
- Protect occupancy: Ask the court for an occupancy allowance or to consider your continued possession when dividing proceeds.
- Challenge procedural defects: Ensure the plaintiff properly served all necessary parties and followed statutory procedure under Chapter 512. Procedural flaws can delay or complicate the action.
Settlement options
Most partition suits settle because litigation costs reduce everyone’s recovery. Common resolutions include:
- One co-tenant buys out the other at an agreed or appraised price.
- The parties agree on a staged sale or market listing with reserve price.
- Shared ownership continues under a formal agreement (e.g., buy-sell terms, management responsibilities, sale timeline).
- Mediated resolution where a neutral mediator helps the parties reach a fair buyout or compensation structure.
If the court orders a sale
If partition by sale occurs, expect the court to authorize a sale process (often through a commissioner or public auction) and to order an accounting to distribute net proceeds after credits and liens. The court will consider statutory rules and equitable factors in making adjustments.
Timeline and costs
Partition actions take several months to more than a year depending on complexity, disputes over credits, and whether the court orders an appraisal or sale. Legal fees, appraisal costs, and sale expenses reduce proceeds. Early settlement often preserves more of the property’s value for the owners.
Statutes and resources
Primary Missouri statute on partition: RSMo Chapter 512 — Partition of Real Estate. For the statute describing the general right to partition, see Section 512.010: RSMo §512.010. Review these statutes to understand procedures, the court’s powers, and remedies.
Example (hypothetical)
Three siblings inherit a house as tenants in common. One files a partition suit seeking sale. The sibling who lives in the house answers, claims credit for paying mortgage and repairs for five years, and proposes a buyout. The court orders an appraisal, credits the occupying sibling for mortgage payments and documented repairs, and encourages mediation. The siblings settle: the occupying sibling buys the others’ shares at an appraised price minus the credits.
When to consult a lawyer
If the partition complaint is served, consult a Missouri attorney promptly. A lawyer can:
- Help prepare a timely answer and assert defenses;
- Calculate credits and prepare supporting accounting evidence;
- Negotiate buyouts or mediations and draft settlement agreements;
- Seek temporary relief if the property faces immediate threats (e.g., pending foreclosure or unauthorized sale attempts).
Disclaimer
This article explains general information about Missouri partition law and common defenses to a partition action. It is not legal advice. Laws change and every situation differs. For advice about your specific case, consult a licensed Missouri attorney.
Helpful Hints
- Act quickly: Missing the deadline to answer can forfeit defenses.
- Document everything: Keep receipts, bank records, tax statements, mortgage payment history, and photos of improvements.
- Get an appraisal early: A neutral valuation helps settlement discussions and court resolution.
- Consider mediation: It’s usually faster and cheaper than trial and preserves more value for owners.
- Ask for credits: Courts often compensate co-tenants who paid mortgages, taxes, or made improvements.
- Check pending liens or foreclosures: Address encumbrances promptly; a partition sale won’t fix a third-party foreclosure priority problem.
- Keep records of occupancy: If you lived in the house, track dates and any rental or housing benefits received by co-owners.
- Use the statute: Review RSMo Chapter 512 to understand procedures and the court’s authority: RSMo Chapter 512.