Detailed Answer
Overview. When co-owners cannot agree about what to do with real estate, Missouri law allows one or more co-owners to ask the circuit court to divide the property or order its sale. These actions are called partition actions and are governed by Missouri’s partition statutes (Chapter 527 of the Revised Statutes of Missouri). See: RSMo Chapter 527 — Partition of Real Estate.
Who can file. Any co-owner of the property (for example, a tenant in common) may file a partition petition in the circuit court. You should confirm whether the ownership is tenancy in common, joint tenancy, tenancy by the entirety, or another form; some forms of ownership (for instance, tenancy by the entirety between spouses) have special rules that affect partition rights.
Where to file. The petition is normally filed in the circuit court of the county where the real estate is located. The court has authority to determine the proper remedy under the state partition laws. See: RSMo Chapter 527.
Basic process and what the court can order.
- Petition. The petitioner must prepare and file a petition that describes the property, identifies all owners and lienholders (mortgagees, judgment creditors with recorded liens, etc.), and requests relief — typically partition in kind (division of the land among owners) or partition by sale (sale of the whole property and division of proceeds). The petition should also state the interest each party claims.
- Joinder and service. All persons with a recorded interest in the property should be joined as parties and served with the petition and summons so the court can resolve all claims. If you cannot find a party after reasonable effort, the court can allow substitute service or notice by publication under applicable rules.
- Preliminary relief and possession. The petition can ask the court for interim orders to prevent waste, preserve the property, or decide who has possession during the case. The court can issue injunctions or orders to protect the estate pending final resolution.
- Evidence and valuation. The court may order appraisals or other evidence about whether the property can practically be divided. If the land can be physically and fairly divided so that each owner receives a portion proportionate to their share, the court usually prefers partition in kind.
- If in-kind partition is impractical. If the court finds the property cannot be fairly divided (for example, a single-family house on a small lot), the court can order a sale of the property and direct distribution of the proceeds among owners after paying liens, costs, and commissions.
- Appointment of commissioner or master. The court commonly appoints a commissioner, referee, or special master to handle valuation, sell the property, or divide it. The commissioner reports back to the court and carries out the court’s orders.
- Sale and distribution. If the property is sold, the court supervises notice of sale, the bidding process (often a judicially supervised public sale or private sale under court order), payment of liens and costs, and distribution of net proceeds according to each party’s ownership share and any court adjustments.
- Final decree. The court enters a decree that implements the division or sale and resolves ownership and lien priorities as necessary. The decree is recorded to clear title as ordered by the court.
What to include in a petition (typical items).
- Complete legal description of the property (from deed or county records).
- Names and mailing addresses of all record owners and known lienholders.
- Statement of how each person claims an interest and the percentage or character of that interest, if known.
- Statement of whether partition in kind is sought, and, if impractical, a request for sale and distribution of proceeds.
- Request for appointment of a commissioner or other relief the court should order (possession, accounting for rents and profits, injunctions to prevent waste, sale procedures).
- Copies or references to deeds, mortgages, or liens, if available.
Common legal and practical issues to expect.
- Costs and fees: Partition actions can be costly. The court may order costs, sale commissions, and the commissioner’s fees to be paid from sale proceeds.
- Liens and mortgages: Liens generally must be paid from sale proceeds or otherwise resolved. A purchaser at a court-ordered sale usually receives title subject to certain exceptions the court determines.
- Accounting for rents and profits: If one co-owner has been occupying the property or collecting rents, the court may require an accounting and credit or charge parties accordingly.
- Tax consequences: Sale or reapportionment can have tax implications (capital gains, basis adjustments). Consult a tax advisor.
- Timeframe: Cases vary by complexity and court calendar; simple cases can take months, contested matters can take longer.
Where to read the law. Missouri’s statutory framework for partition is in Chapter 527 of the Revised Statutes. For the full statutory language and any updates, see: https://revisor.mo.gov/main/OneChapter.aspx?chapter=527. That chapter explains the court’s powers and the general procedures the court follows in partition matters.
When to consider alternatives instead of filing. Filing a partition action is not the only option. Consider:
- Negotiated buyout: One co-owner buys another’s interest using a negotiated price or based on an appraisal.
- Mediation or settlement: A neutral mediator can help co-owners reach a voluntary resolution, which is often faster and cheaper than litigation.
- Refinancing: If the problem is debt-related, refinancing or loan modification might allow co-owners to retain the property.
Practical next steps
- Gather documents: deed, mortgage, tax bills, leases, and any written agreements about the property.
- Check ownership records at the county recorder or assessor to identify all record owners and liens.
- Consider an appraisal to understand current market value and whether in-kind partition is realistic.
- Try direct negotiation or mediation before filing a suit; document offers and refusals.
- If you decide to file, consider consulting a Missouri real estate attorney to prepare and file the petition, ensure proper service and joinder, and represent you in court.
Helpful Hints
- Confirm the legal form of ownership (tenancy in common vs. joint tenancy). That affects rights and remedies.
- Get an early market appraisal to guide settlement talks and petition relief requests.
- List all recorded liens and judgment creditors—missing a lienholder can delay or undo a sale.
- Consider mediation: courts often encourage resolving property disputes outside litigation to save time and money.
- Keep good records of expenses, rent, repairs, and improvements; the court may require an accounting and reimbursement.
- Understand that a court-ordered sale may net less than a voluntary, well-marketed private sale because the court-supervised process can be more rigid.
- Budget for attorney fees, court costs, appraiser and commissioner fees, and any sale commissions; these normally come out of sale proceeds.
- Check local court rules: procedures and required forms can vary by county within Missouri.
Important disclaimer. This article is for general informational purposes only and does not create an attorney-client relationship. This is not legal advice. For advice tailored to your situation, consult a licensed Missouri attorney who practices real estate law.