How a co-owner in Missouri can get money instead of physical property

Short answer: In Missouri a co-owner who prefers cash can either negotiate a voluntary buyout with the other owners or ask a circuit court to partition the property. If the court finds physical division impractical, it can order a sale and divide the proceeds among owners according to their shares. See Missouri Revised Statutes, Chapter 525 on partition: RSMo Chapter 525 and the primary partition statute: RSMo §525.010.

Detailed Answer — How the process works under Missouri law

1. Two basic routes: agreement (buyout) or court-ordered partition

Option A — Voluntary buyout: The simplest method is to negotiate. One or more co-owners can offer cash to buy the other owner(s)’ interest at an agreed fair market value. This avoids litigation, is usually faster, and lets owners control timing and price.

Option B — Judicial partition: If owners cannot agree, any co-owner may file a partition action in the Missouri circuit court where the property lies. The court follows the partition statutes in Chapter 525. Typically the court will:

Try to divide (partition in kind) the property so each owner receives a physical portion when division is practical;
If division in kind would be impracticable, unfair, or would significantly reduce value, order a public sale of the whole property and then divide the sale proceeds between the owners according to their interests.

Read the statute: RSMo §525.010 and the Chapter summary at RSMo Chapter 525.

2. What the court considers when deciding between division and sale

Court factors typically include whether the property can be divided without prejudice to the owners, the nature and size of each owner’s interest, the physical character and location of the property, and whether partition in kind would substantially reduce the property’s value. If division would cause disproportionate injury or is impractical, a sale is common and results in monetary distribution.

3. How proceeds (money) are calculated and distributed

Proceeds from a court-ordered sale are distributed according to the owners’ legal interests (e.g., percentage shares established by deed or agreement). The court may adjust distributions for liens, outstanding mortgages, taxes, costs of sale, and credits or debits for contributions by co-owners (for example, if one co-owner paid more mortgage installments, taxes, or made significant improvements). Expect sale costs and court costs to be deducted before division.

4. Credits, offsets, and accounting

If co-owners dispute contributions (mortgage payments, repairs, rent, or improvements), the court can order an accounting and give credit or charge accordingly. Gather records: receipts, bank statements, mortgage statements, tax bills, and rent ledgers to support your claim for a credit or offset.

5. Special ownership situations

Tenancy by the entirety: Married couples holding property as tenants by the entirety have unique protections; one spouse usually cannot unilaterally force partition. In those cases, divorce or a joint action may be needed.
Liens and mortgages: Creditors’ liens generally attach to a co-owner’s share and may be satisfied from sale proceeds before distribution to the owners.

6. Practical timeline and costs

A negotiated buyout can close in weeks to months. A partition lawsuit typically takes several months to more than a year, depending on court schedules, complexity, and appeals. Expect court filing fees, possible appraisal costs, receiver/commissioner fees, advertising fees for sale, and attorney fees. Some costs are recoverable as court determines.

7. Example hypothetical

Hypothetical: Alice and Ben own a house 50/50. Alice wants cash. She first offers Ben a buyout equal to half the home’s market value (supported by an appraisal). Ben refuses. Alice files a partition action in the county circuit court under RSMo §525.010. The court determines the home cannot be fairly divided and orders a sale. After paying mortgages, taxes, commissions, and court costs, the net sale proceeds are split 50/50 and distributed to Alice and Ben.

Helpful Hints

Start by asking for a written buyout offer and get a professional appraisal to establish fair market value.
Gather ownership documents: deed, mortgage statements, title report, tax bills, and proof of payments for improvements or repairs.
Consider mediation: courts often encourage or require alternative dispute resolution to avoid costly litigation.
Know the property’s title form: if the property is held as tenants in common, partition suits are available; if held as tenancy by the entirety, different rules apply for married owners.
Expect deductions from sale proceeds: mortgages, taxes, commissions, and court costs reduce the amount distributed to owners.
Ask the court for an accounting if co-owners disagree about who paid what—document everything before filing.
Get legal advice early: an attorney can explain likely outcomes, help draft buyout proposals, and, if needed, represent you in a partition action.

Next steps: If you want money rather than physical property, try negotiation first (a written offer backed by an appraisal). If that fails, consult a Missouri real property attorney about filing a partition action under RSMo Chapter 525.

Disclaimer:

This article is informational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Missouri attorney.