Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.
Detailed Answer
What Is a Partition Action?
In Missouri, a partition action lets co-owners divide or sell jointly owned real estate when they cannot agree on its use or ownership. Any co-owner may file this lawsuit in the circuit court of the county where the property lies. See Mo. Rev. Stat. § 512.010.
Step 1: Filing the Petition
The co-owner (petitioner) prepares a petition stating:
- Names and addresses of all owners (respondents).
- Legal description of the property.
- Type of ownership interest (tenant in common, joint tenancy, etc.).
- Relief sought: partition in kind (physical division) or sale.
The petitioner files the petition with the circuit court clerk and pays a filing fee. The court issues a summons to each co-owner.
Step 2: Serving the Co-owners
A county sheriff or licensed process server must personally serve each co-owner with the petition and summons. If a co-owner cannot be located, the petitioner may ask the court for substitute service or publication under Mo. Rev. Stat. § 512.020.
Step 3: Appointment of Commissioners
After all owners receive notice, the court appoints three disinterested commissioners to inspect the property. These commissioners are often local real estate professionals or surveyors. Their duties include:
- Viewing the property.
- Measuring and mapping.
- Evaluating whether a partition in kind is practicable.
Commissioners must file a written report and a proposed plan to divide the land equitably. See Mo. Rev. Stat. § 512.030.
Step 4: Partition in Kind vs. Sale
The court reviews the commissioners’ report. It orders partition in kind when practical, ensuring each owner receives a parcel roughly equal to their interest. If physical division would:
- Reduce the overall value significantly.
- Complicate access or utility services.
- Result in impractical shapes or sizes.
The court may instead order a partition by sale. In this case, the property goes to public auction. See Mo. Rev. Stat. § 512.040. The highest bidder buys the whole property, and the court distributes the net proceeds among co-owners according to their ownership percentages.
Step 5: Objections and Hearings
Any co-owner may object to the commissioners’ report or the proposed division. The court schedules a hearing where parties can present evidence or experts on property value and division feasibility. After hearing, the court issues a final order either:
- Confirming the commissioners’ plan.
- Modifying the plan.
- Directing a sale instead.
Step 6: Final Decree and Distribution
Once the court signs its final decree:
- If land divides, the clerk issues deeds to each co-owner for their new parcel.
- If sold, the clerk disburses sale proceeds after paying liens, costs, and fees.
Helpful Hints
- Gather title documents early to confirm ownership shares.
- Consider mediation before filing to save time and costs.
- Obtain a current property appraisal to inform commissioners and the court.
- Keep all parties informed to avoid default judgments.
- Discuss tax implications of sale vs. in-kind division with a tax advisor.