How to File a Partition Action to Force Sale of a Deceased Parent’s House in Missouri

Detailed answer — Who can bring a partition action and when

Any person who holds a legal interest in real property may seek a partition. In practice, that normally means people who own the property as tenants in common or co-tenants after title passes to multiple people. Missouri law provides the framework for partition actions; see Missouri Revised Statutes, Chapter 527 (Partition). For a reliable reference, view Chapter 527 here: RSMo Chapter 527 — Partition.

Before filing, confirm who actually owns the house now. Common scenarios with a deceased parent:

• If the house was titled solely in your father’s name and no transfer has been recorded, the property typically must be transferred through probate or under a valid beneficiary designation before a partition between heirs can proceed.
• If the probate estate has been administered and title was transferred by court order or deed to the heirs (often as tenants in common), any co-owner can file for partition.
• If the property passed to a surviving joint tenant by right of survivorship, partition generally is not available because the surviving joint tenant owns the property outright.
• If someone (e.g., a buyer or creditor) has a recorded lien or other encumbrance, the partition proceeding must address those claims.

Key preparatory steps

1. Confirm current title. Pull the deed and any recorded documents at the county Recorder of Deeds where the property sits.
2. Check probate status. Find out whether your father’s estate was opened. If not, determine whether you need an executor/administrator appointed before title can be split. The county circuit court clerk or a probate attorney can help.
3. Collect documents: death certificate, will (if any), deed, mortgage statements, tax bills, insurance policies, and any prior court orders affecting title.
4. Identify all persons who may have an interest: heirs, devisees under a will, creditors, surviving spouse, lienholders, and anyone who appears on title.

Filing the partition action — typical steps in Missouri

While specific procedures vary by county, the sequence commonly looks like this:

1. Draft and file a Petition for Partition in the circuit court of the county where the real estate is located. The petition should describe the property, state each party’s claimed interest, and ask the court to partition the property in kind or to order a sale. The petition must name and serve all persons with a recorded or known interest.
2. The court issues summonses and gives notice to each defendant or interested party. Parties have an opportunity to answer and to claim a different status (for example, that they are sole owners or joint tenants).
3. If the court finds the property can be physically divided fairly (partition in kind), it may appoint commissioners to divide the land. If physical division is impractical or inequitable, the court may order a sale and appoint commissioners or a commissioner of partition to sell the property.
4. The court resolves disputes about liens, mortgages, taxes, and costs. Liens generally must be paid from sale proceeds before distribution to the owners.
5. The court approves the terms of sale and confirms sale proceeds division after deducting costs, liens, and any court-ordered credits or reimbursements.

Missouri statutes allow the court to appoint commissioners or a referee and grant other relief necessary to effectuate a fair partition. See RSMo Chapter 527 for statutory procedures and authorities: https://revisor.mo.gov/main/OneChapter.aspx?chapter=527.

Practical considerations and possible outcomes

• Partition in kind (division): Courts prefer division when division is practical and fair. This is rare for single-family homes on one lot because splitting a single house and lot often is infeasible.
• Partition by sale: Most likely result for a single-house parcel. The court orders a sale; a commissioner or court-approved method sells the property (public auction or private sale). After sale and payment of liens, expenses, and court costs, the remaining proceeds divide among owners by their ownership shares.
• Buyout: Co-owners can settle anytime. One owner can buy the others’ shares for a negotiated price, often using the court’s valuation as a benchmark. Settlement avoids litigation costs and uncertainty.
• Timing: Partition actions often take several months to over a year, depending on complexity, whether the sale is contested, and court backlog.
• Costs: Expect court filing fees, service costs, attorney fees (if hired), appraisal and commissioner fees, sale costs, and satisfaction of liens. These reduce the net distribution.

When probate issues intersect with partition

If title did not transfer out of your father’s estate, you usually must handle probate first so that the heirs receive their legal title. Once the court issues letters of administration and a deed or the estate distributes the real property to multiple heirs as tenants in common, a partition action can proceed. If you are unsure whether probate is required, consult the county probate court or an attorney.

Defenses and disputes you may face

Co-owners may dispute ownership shares, claim exclusive possession or adverse possession, assert that the property passed outside probate (by transfer on death or joint tenancy), or raise creditor claims. The court decides based on title records, documents, testimony, and relevant law.

Sample list of documents to bring to an attorney or court clerk

• Death certificate for your father
• Most recent deed and chain of title
• Copy of any will, trust, or beneficiary designation
• Mortgage and lien statements
• Property tax bills and insurance documents
• Records of improvements, receipts, and payments related to the property

Helpful Hints

• Verify title early. A quick title search at the county Recorder of Deeds will clarify who appears as owner and who holds liens.
• Consider a mediated settlement. Mediation or family negotiation often produces faster and cheaper resolutions (buyouts, listing the house and splitting proceeds, or one family member keeping the home).
• Keep the house insured and maintain utilities. Courts sometimes order responsible parties to keep the property secure and insured while litigation proceeds.
• Understand costs and net proceeds. Prepare a realistic estimate of sale costs, taxes, liens, and attorney fees so you know the likely net recovery.
• Ask the court clerk for local forms and filing instructions. Many Missouri counties provide form packets and instructions for civil filings; procedures and fees vary by county.
• Act promptly. Waiting can let property taxes, mortgage arrearages, or deteriorating condition reduce value and complicate distribution.
• Consult an attorney if anyone disputes title, claims undue influence in the will, or if significant liens/creditor claims exist. Complex disputes often require legal representation.