How to Force Sale or Division of Co-Owned Property After Divorce in Missouri | Missouri Partition Actions

Detailed Answer — How Missouri law lets you divide or force sale of jointly owned real estate after a divorce

This answer explains the common legal paths when two people still hold title to the same real property after their marriage ends. It focuses on Missouri law and assumes you have not already had clear title transferred by the divorce court. This is educational information only and not legal advice.

Key legal routes in Missouri

Enforce a divorce judgment or settlement.

If the divorce decree, separation agreement, or property settlement ordered one party to receive the property (or ordered a sale and split of proceeds), you can ask the circuit court that handled the divorce to enforce that judgment. Missouri courts can enter orders to transfer title, require conveyance, or hold the non‑complying party in contempt to force compliance. See RSMo Chapter 452 (Dissolution of Marriage) for statutory authority on dissolution proceedings.
Negotiate a voluntary resolution (buyout or sale).

You can offer to buy out your ex’s interest, agree to a listing and sale with proceeds split, or use mediation to reach terms. Voluntary solutions are usually faster and cheaper than litigation. Get any agreement in writing and record any agreed deed or settlement to clear title.
Partition action in circuit court.

If negotiation and enforcement fail, Missouri law provides a judicial partition process that lets a co‑owner force division or sale of real property. A co‑owner files a partition suit in the circuit court for the county where the land is located. The court may order either:
- a physical division of the land (partition in kind) if it can be done fairly and without prejudice to owners; or
- a sale of the property, with net proceeds divided among owners according to their ownership shares.
Missouri’s partition procedures and remedies are governed by the state statutes and circuit court rules. See RSMo Chapter 527 (Partition) for statutory details and filing requirements.
Seek temporary injunctive relief or accounting when necessary.

If the co-owned property faces immediate risk (pending foreclosure, deterioration, waste, or removals of fixtures), you can ask the court for temporary relief to preserve the property and stop harm while a partition or enforcement action proceeds. The court may also order an accounting for rents, profits, mortgage payments, taxes, and improvements so each party’s share can be adjusted fairly.

How a partition action typically works (practical steps and timeline)

File a petition for partition in the circuit court in the county where the property sits. The petition names all owners and describes the property and ownership claims.
The court serves the other owners and gives them a chance to respond. The parties may negotiate or mediate during this time.
If the court finds partition is proper, it will determine whether partition in kind is practical. If the land cannot be fairly divided, the court orders sale.
The court may appoint commissioners or a referee to survey, value, and (if required) sell the property. Sale proceeds are distributed after payment of costs, liens, and mortgages.
Expect several months to a year (or longer) depending on complexity, title issues, mortgage or lien resolution, and court schedules.

Common issues to watch for

Joint mortgage: a partition or sale does not remove responsibility on the mortgage for the borrower until refinanced or paid off. Credit exposure continues unless mortgage holder releases a party.
Liens and taxes: outstanding liens, judgments, or unpaid property taxes must be resolved before or at sale.
Unequal contributions: the court may adjust distributions for contributions to mortgage, taxes, repairs, or improvements when dividing proceeds.
Title form matters: how title is held (tenants in common versus joint tenants with rights of survivorship) affects defaults, but partition actions are typically available to co‑owners regardless of label.

When to choose each option

Enforce a divorce order when a decree already assigned the property or set a sale plan.
Negotiate when you want speed, lower cost, and privacy.
Use partition when your co‑owner refuses to sell, convey, or cooperate and you need a court to order division or sale.
Seek temporary relief when the property is at imminent risk or when you need court orders to preserve assets and rights pending final resolution.

Practical documents and evidence to gather

Recorded deed(s) and chain of title.
Divorce decree, settlement agreement, and court orders related to property division.
Mortgage statements, payoff letters, and lien information (tax liens, judgment liens).
Property tax records, insurance bills, and utility bills.
Receipts or records of improvements, maintenance, or payments for the property.
Recent appraisal or comparative market data.

Costs and likely outcomes

Litigation costs (filing fees, attorney fees, commission/referee fees, appraisal costs) reduce the net recovery. A negotiated buyout typically costs the least. A partition sale usually results in net proceeds split by ownership share after paying liens, costs, and court-ordered adjustments.

Helpful Links

Helpful Hints

Start by reviewing the divorce decree and any written settlement. If the decree speaks to the property, ask the divorce court to enforce it before filing new litigation.
Talk to your ex about a buyout or sale first. Put any agreement in writing and record deeds promptly to clear title.
Collect and organize title documents, mortgage and lien information, and proof of payments and improvements before you file a claim.
Consider mediation to save time and cost. Many courts encourage or require mediation in partition and family matters.
If the property faces foreclosure or waste, seek immediate court relief (temporary restraining order or preliminary injunction) to protect your interest.
Remember a partition sale may be ordered even if you own only a minority share — courts do not require unanimous consent to sell.
Consult a Missouri‑licensed attorney for advice about how statutes and case law apply to your exact situation. An attorney can explain likely net recovery after liens, costs, and tax consequences.

Disclaimer: This is general information about Missouri law and is not legal advice. It does not create an attorney‑client relationship. For guidance tailored to your facts, consult a licensed Missouri attorney.