Detailed Answer — How to make an offer to buy out co-owners before the court orders a sale

This answer explains, in simple terms, how a co-owner in Missouri can make a valid offer to buy out other co-owners after (or during) a partition action and before the court orders a public sale. This is a general explanation of common steps, typical court concerns, and practical suggestions. It is not legal advice.

1. Confirm the status of the case and your ownership interest

Before making any offer, confirm whether a partition action has been filed, who the parties are, and what form of ownership each party holds (joint tenants, tenants in common, etc.). The plaintiff’s petition and any court orders tell you whether the court already appointed commissioners or ordered an interlocutory sale. If you are a named party, you have standing to propose a buyout.

2. Determine each owner’s share and the property’s fair market value (FMV)

To make a credible buyout offer you need a defensible value and a clear calculation of each co-owner’s share:

• Order a certified appraisal or obtain two qualified appraisals reflecting current market value.
• Account for liens, mortgages, unpaid taxes, and other encumbrances that affect net proceeds.
• Compute each co-owner’s net share: (FMV less encumbrances and sale costs) × owner’s fractional interest.

3. Structure the buyout offer

Your written offer should be clear, specific, and show proof of how you reached the amount. Typical elements:

• Identification of the property and all parties.
• Purchase price for the other owner’s fractional interest and a short explanation of the valuation method (include copy of appraisal).
• How you will pay (cash, cashier’s check, lender commitment, escrow deposit) and timeline for closing.
• Savings for other owners: explain how sale costs, broker commissions, and time might make a forced sale yield less than a private buyout.
• Contingencies you require (title clearance, payoff of liens, court approval if action pending).
• A firm deadline for accepting the offer and a statement that you will file the acceptance or a stipulation with the court if accepted.

4. Deliver the offer and document communication

Send the written offer to each co-owner (or their attorney) by certified mail and email, and keep copies. If the case is active, file a notice with the court or a short status statement so the judge and the parties know you have made a buyout proposal.

5. If a co-owner accepts, file a stipulation or proposed order with the court

If the other owner accepts, ask the parties’ attorneys (or the parties if unrepresented) to file a stipulation resolving that owner’s claims, or submit a proposed order asking the court to:

• Approve the private sale or transfer among owners; and
• Dismiss or modify the partition petition as to the selling owner (or enter terms for payment and transfer of title), and
• Direct how liens and costs will be paid and whether any funds must be deposited with the court clerk or escrow agent.

Missouri courts generally allow parties to settle claims by agreement and will approve a private buyout if it protects third-party interests (creditors, lien holders) and is fair.

6. If a co-owner refuses, consider court procedures to stop or postpone a sale

If a co-owner refuses to sell, you still may try to avoid a court-ordered public sale by:

• Filing a formal motion asking the court to (a) appoint commissioners to value and divide the property in kind or (b) accept your offer and approve a private transfer; or
• Offering to post funds or an approved form of security to insure distribution to other parties; or
• Moving for mediation or settlement conference to present the buyout offer; or
• Submitting an appraisal, proof of funds, and a proposed closing procedure to the court and asking the court to continue any sale date while the parties negotiate.

7. Understand what will convince a Missouri court to approve a private buyout

Missouri judges want to protect the property, creditors, and fairness among owners. Courts are more likely to accept a buyout if:

• The buyout price is supported by competent appraisal evidence;
• All affected parties and lien holders are identified and treated (paid or given notice);
• There is a proposed, enforceable closing procedure (escrow, funds deposited with the clerk or escrow agent); and
• The arrangement avoids wasting estate value (for example, broker fees or depressed sale price resulting from quick public auction).

Missouri law and where to look

Missouri’s statutes and court rules govern partition actions and the court’s power to order sale or division. For statutory language and procedures on partition actions, see Missouri Revised Statutes — Chapter on Partition: https://revisor.mo.gov/main/OneChapter.aspx?chapter=525. Also check local circuit court rules and any case-specific orders in your file.

Practical timeline

1. Day 0–7: Confirm case docket, ownership, and title; order appraisal(s).
2. Day 7–21: Prepare written offer and proof of funds; deliver to co-owners and their counsel; file notice with court.
3. Day 21–45: Negotiate, request court continuance if sale pending; if accepted, file stipulation and proposed order.
4. Closing: follow agreed procedures for payoff of liens and transfer of deed (often via escrow or clerk-approved procedure).

What if the court already set a sale date?

If a sale date exists, immediately request a continuance and present your written buyout offer and proof of funds to the court and opposing counsel. If the court will not delay, be prepared to close quickly upon acceptance and to comply with any court-ordered sale or distribution procedures.

Tax and lien issues

Consider the tax consequences of a buyout for both sides (capital gains, basis adjustments, closing costs) and ensure mortgage lenders and other lien holders are satisfied at closing. If liens exist, the net buyout price must reflect the lien payoff or a plan for lien release.

Important: This article explains common procedures and practical steps based on how partition cases typically proceed in Missouri. It is not legal advice. If the case is pending, consider contacting a licensed Missouri attorney to review the file and prepare court filings or negotiate on your behalf.

Helpful Hints

• Get a professional appraisal early — credible valuation wins settlements.
• Show proof of funds or lender commitment with your offer to make it credible.
• Put the offer in writing, include a deadline, and file a short notice with the court so the judge knows settlement talks are underway.
• Identify and account for all liens and property expenses in your math — surprises derail closures.
• Offer to pay closing costs or a fair premium if it helps reach agreement quickly.
• Consider mediation if owners are adversarial — judges often welcome mediated resolutions.
• If you need time, ask the court for a continuance of any sale date and give the court documentation showing good-faith negotiations.
• Work with counsel familiar with Missouri partition practice to prepare any stipulation or proposed order for the judge’s signature.
• Always confirm whether the court expects funds to be deposited with the clerk, an escrow agent, or closing attorney before filing proposed settlement documents.
• Keep records of all communications and documents exchanged — the court may need them if a dispute continues.

Useful resource: Missouri Revised Statutes — Partition chapter: https://revisor.mo.gov/main/OneChapter.aspx?chapter=525

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and each case depends on its facts. Consult a licensed Missouri attorney to protect your rights and prepare filings or agreements in a pending partition action.