Forcing the Sale of Co-Owned Property in Missouri: Court-Ordered Partition and Sale

Detailed answer — how the process generally works in Missouri

This section explains, step by step, what typically happens when a co-owner refuses further mediation and you want the property sold. This is general information only and not legal advice.

1. Confirm your ownership status and collect documents

Identify whether you and the other owner hold the property as tenants in common, joint tenants, or under some other arrangement. Gather the deed, title report, mortgage statements, tax bills, lease agreements (if rented), and any written communications about attempts to negotiate or mediate. A clear paper trail showing ownership shares and attempts at resolution helps in court.

2. Make a final written demand and try a last negotiation

Send a written demand offering options: buyout, selling to a third party, or agreeing to a partition action. Courts will look more favorably on a party who tried reasonable resolution. Note offers and refusals in writing.

3. File a partition action in the appropriate Missouri circuit court

If informal efforts fail, a co-owner can file a partition lawsuit where the property is located. Under Missouri law, a partition suit asks the court to either physically divide the property (partition in kind) or, if physical division is impractical or unfair, to order a sale and distribute the proceeds. See RSMo Chapter 512: https://revisor.mo.gov/main/OneChapter.aspx?chapter=512.

4. Court procedures and what the court will consider

After the complaint is filed, the court will notify all owners and interested parties. The court commonly orders appraisal(s) and may appoint referees or commissioners to help determine whether the land can be divided without prejudice to owners. Missouri courts prefer partition in kind when it is practical, but they will order a sale if dividing the property would be inequitable or impractical.

5. Appointment of a commissioner and sale process

If a sale is required, the court typically appoints a commissioner or orders a judicial sale. The commissioner conducts the sale, often after advertising and public auction or sealed bids, depending on the court’s order. Proceeds pay mortgages, liens, court costs, and the costs of sale; remaining funds are divided among owners according to their share interests.

6. Timing, costs, and likely consequences

Partition suits take time — often several months to more than a year depending on court schedules, disputes over valuations, lien resolution, and appeals. Expect court costs, appraisal and commissioner fees, and attorney fees (if retained). Forced sales sometimes yield less than market value because of the sale process and costs.

7. Alternatives to a partition lawsuit

Before or during litigation you can still consider: a voluntary buyout (one owner pays the other their equity), listing the property for sale and splitting proceeds, arbitration (if agreed), or negotiated payment plans. Lenders or investors can sometimes finance a buyout. These alternatives can save time and costs compared with a court-ordered sale.

8. Practical tips specific to Missouri

• Tie your legal claim to the applicable Missouri partition statutes in Chapter 512: RSMo Chapter 512.
• If there are liens, taxes, or mortgages, resolve or disclose them early — they affect net proceeds and the court’s orders.
• Consider asking the court for a temporary order to protect the property (maintenance, insurance, rent collection) while the case is pending.

Where the law applies: The court applies Missouri law and local circuit court procedures. If you’re unsure which circuit to file in, a local clerk of the circuit court can usually confirm the correct venue.

Helpful hints — practical steps to prepare and improve results

• Collect title documents, deeds, chain of title, and proof of ownership percentages before filing.
• Get a current market appraisal to support requests for sale or buyout values.
• Document every attempt at negotiation or mediation in writing and keep copies for court.
• Talk to a Missouri attorney who handles real property litigation to evaluate strategy, likely costs, and timing. An attorney can draft pleadings and represent you at hearings.
• Consider a neutral valuation expert or mediator once more if it might save litigation costs — but only if both sides will accept the result.
• Check for outstanding mortgages and tax liens; these take priority and will reduce proceeds from any sale.
• Prepare for the possibility that a forced sale may result in a lower net price than an agreed private sale.