Detailed answer: What a partition action is and who can file one

Partition is a court procedure that lets co‑owners of real property end joint ownership. In Missouri, a partition action is the usual way a co‑owner who cannot reach agreement with the other owners forces the property to be divided or sold and the proceeds distributed among owners.

Who can bring a partition action?

Any person with a legal or equitable interest in the property (for example, a tenant in common or a devisee who inherited an undivided interest) may file for partition. If you inherited an interest but do not hold the entire title, you are typically eligible to ask the court to partition the property.

Key choices the court can make

The court has two main remedies:

• Partition in kind — the court divides the land into separate parcels and awards each owner their share if a fair physical division is feasible; or
• Partition by sale — the court orders the property sold (usually at public auction) and divides the sale proceeds among the owners according to their interests.

If the land cannot be fairly divided (for example, a single-family lot in a subdivision), the court commonly orders sale.

Basic steps to file a partition action in Missouri

1. Gather documents: deed(s), death certificate(s) showing inheritance, any wills or probate documents, mortgage and tax records, and current title information showing co‑owners and their ownership shares.
2. Check ownership form: Confirm whether you and the others are tenants in common (most likely for inherited interests). Tenancy by entirety and certain other ownership forms have special rules.
3. Try settlement first: Courts often expect parties to try negotiation, mediation, or a buyout. A written offer to buy out other owners or to appoint a receiver can help later in court if settlement fails.
4. Prepare the petition: The petition (complaint) should identify the property by legal description, state each owner and their interest (if known), explain why partition is needed, and state the requested relief (partition in kind or sale and an accounting of proceeds and expenses).
5. Identify and serve parties: You must join and properly serve all persons with an interest (all co‑owners and sometimes lienholders). If any potential owner’s whereabouts are unknown, the court provides methods for substitute service or notice by publication.
6. File in the proper court and county: File the action in the circuit court in the county where the property sits. The clerk will give you case numbers and procedural instructions.
7. Request appointment of a commissioner or appraiser: Courts typically appoint a commissioner, appraiser, or referee to examine the property, value it, and recommend whether partition in kind is practicable or whether sale is necessary.
8. Sale process and distribution: If the court orders sale, it will set terms (often public auction). After sale, the court oversees payment of liens, costs, commissions, and distribution of net proceeds among owners according to their ownership shares.
9. Final accounting and decree: The court issues a final decree confirming sale, payments, and distributions, and clears title as ordered.

Practical details and likely timeline

Timelines vary. Simple agreed partitions can resolve in a few months. Contested cases with missing parties, title disputes, or appeals can take a year or more. Typical costs include filing fees, service fees, attorney fees (if you hire counsel), appraisal and commissioner fees, and auction costs. Costs may be charged against the property and apportioned at the end.

Common legal issues in inherited property partition cases

• Disputed ownership shares — when the deed, will, or probate records don’t clearly state each person’s share.
• Mortgages and liens — secured interests usually must be paid from sale proceeds or remain on the land.
• Homestead or life‑estate claims — if a survivor claims a homestead or life estate, those rights affect partition and distribution.
• Title defects — conflicting deeds, missing heirs, or adverse claims may lengthen the case and require quiet title actions.

Where to find Missouri statutes and local rules

Missouri’s statutes and rules are available from the official Missouri Revisor of Statutes site. For statutory language and to find the sections that apply to partition and real property procedure, search the Revised Statutes at the official site: https://revisor.mo.gov. County circuit court websites also list local forms, filing fees, and procedural rules for civil actions.

When to hire an attorney

Consider hiring an attorney if:

• Co‑owners contest title, shares, or the need for sale;
• There are mortgage liens, tax liens, or unresolved probate issues;
• Parties are hard to locate or service is complicated; or
• You want help valuing, negotiating, or buying out other owners.

An attorney can prepare pleadings correctly, ensure proper service, handle complicated title and probate overlaps, and present the case at hearings.

If you cannot afford an attorney

Look for legal aid programs, law school clinics, or limited‑scope (unbundled) representation. Many courts provide procedural guides and some local bar associations operate lawyer referral services at reduced rates for a first consultation.

Important: This is a general guide. Every case has unique facts and local rules that affect outcome.

Helpful Hints — Practical checklist to prepare for a Missouri partition action

• Gather the property deed(s), the legal description, and chain of title documents before filing.
• Obtain death certificates and copies of any will or probate file that show how the interest was inherited.
• Collect recent tax bills, mortgage statements, and any leases or written agreements about the land.
• Get a professional appraisal or at least a market estimate to understand value and likely proceeds.
• Try written settlement proposals and mediation — courts appreciate attempts to resolve without litigation.
• When you file, list all known owners and lienholders and provide accurate addresses for service.
• Ask the court about temporary orders to protect the property (for example, to stop waste or require payment of taxes) while the case proceeds.
• Keep detailed records of expenses you incur for the property — those may be reimbursable from sale proceeds.
• Expect costs for appraisals and court‑appointed commissioners and factor them into any buyout offer.