Detailed Answer — Steps to File a Partition Action in Missouri for Inherited Property
When one co-owner of inherited real property refuses to cooperate, Missouri law lets other co-owners ask a court to divide or sell the land through a partition action. This section explains the typical steps, what to expect, and where to find the governing law. This is informational only and not legal advice.
1. Confirm ownership and your legal interest
Start by confirming how title is held. Common situations include tenancy in common (each owner has a share) or ownership through an estate or probate representative. Locate the deed, the decedent’s will or probate papers, and any title or survey information. If the property is still in probate, the executor or administrator may need to be joined or the probate estate must be resolved before or during the partition action.
2. Try a voluntary solution first
Before filing suit, send a written demand proposing a voluntary partition, sale, or buyout. Describe the proposed division or a suggested price and deadline for response. Courts often view a reasonable attempt to resolve the dispute favorably and parties sometimes resolve matters without litigation.
3. Choose the right court and prepare to file
Partition cases are filed in the Circuit Court in the county where the property lies. The statutory framework for partition actions is in RSMo Chapter 535. See Missouri Revised Statutes, Chapter 535 (Partition Actions): https://revisor.mo.gov/main/WholeChapter.aspx?chapter=535.
4. Draft and file the complaint for partition
The complaint should include:
- A clear description of the property (legal description or recorded parcel number).
- Each party who has or claims an interest in the property (co-owners, mortgagees, lienholders, the estate or executor if applicable).
- The type of relief sought: partition in kind (physical division) or partition by sale. Ask the court for a determination of the owners’ shares and for the appointment of commissioners to divide or sell the property.
- Information about efforts to reach a voluntary agreement, if any.
Include copies of deeds, the decedent’s death certificate, probate filings (if applicable), and any supporting documents.
5. Serve all interested parties and lienholders
Missouri law requires that all persons with an ownership or recorded interest be named and served. This includes co-owners, spouses who claim an interest, mortgage holders, judgment creditors with recorded liens, and any other party claiming an interest. If some parties cannot be located, the court may allow substituted service or notice by publication.
6. Preliminary court steps: answers, joinder, and provisional relief
Defendants typically file answers and may raise defenses. If immediate action is needed to protect the property (prevent removal of tenants or sale), you can ask the court for temporary orders or injunctions.
7. Partition in kind vs. partition by sale
Missouri courts prefer division in kind when practical — physically dividing the land so each owner receives a portion. If the land cannot be fairly divided, the court may order a partition by sale and distribute proceeds according to ownership shares. The court follows procedures and appoints commissioners or referees to divide the property or to manage the sale. Refer to the general partition statutes in RSMo Chapter 535 for procedures.
8. Appointment of commissioners and the commissioners’ report
The court frequently appoints impartial commissioners to examine the property, recommend a division or sale method, and prepare a report. Parties may object to the report and ask for a hearing. The court will enter a final order approving a division or ordering a sale.
9. Sale, confirmation, and distribution
If the court orders sale, the court or appointed officer will handle the sale (often at public auction). After sale, the court confirms the sale, pays valid liens, costs, and expenses, and distributes net proceeds to the owners according to their shares. The court will enter a final decree closing the action.
10. Timing and costs
Time to resolution varies with complexity and whether the case is contested. Simple situations may resolve in a few months; contested matters can take a year or more. Costs include filing fees, service fees, commissioner fees, costs of sale, and attorney fees. The court may allocate costs between parties.
11. Special issues to watch for
- If some heirs are minors or incapacitated, the court will require a guardian ad litem or other protection.
- If the property is subject to mortgage or unpaid taxes, those liens affect how sale proceeds are distributed.
- If a co-owner claims an exclusive right (for example, adverse possession or equitable claims), that may complicate the case and require additional proof.
Key statutory reference
Missouri Revised Statutes, Chapter 535 governs partition proceedings: https://revisor.mo.gov/main/WholeChapter.aspx?chapter=535. Consult that chapter for the detailed procedural provisions.
Disclaimer: This is general information, not legal advice. Consult a licensed Missouri attorney for advice about your specific situation.
Helpful Hints
- Gather documents before filing: deed(s), death certificate, will or probate documents, mortgage and tax records, previous surveys, and an owner list.
- Send a written demand for voluntary partition or buyout; courts favor reasonable settlement efforts.
- Name every possible interested party and lienholder in the complaint to avoid later claims that someone was left out.
- Consider a title review or short policy from a title company before filing to learn about liens and encumbrances.
- Obtain a current survey if exact boundaries matter — surveys often determine whether an in-kind partition is feasible.
- If one co-owner lives on the property, expect the court to consider equitable factors like contributions to mortgage, taxes, and improvements when distributing proceeds.
- Be realistic about costs: a buyout or negotiated sale can be less expensive than a court-ordered sale.
- Ask your attorney about mediation or court-ordered settlement conferences — many courts encourage alternative dispute resolution to avoid the time and expense of trial.
- If probate is ongoing, coordinate partition steps with the estate representative or consider asking the probate court to transfer title or resolve estate issues first.