Detailed Answer — What your lawyer needs and why (Missouri)

To start a partition action, a lawyer must be able to identify the property, prove who owns it, describe each owner’s legal interests, locate liens and encumbrances, and explain any factual disputes (boundaries, improvements, leases, etc.). Below is a prioritized list of the documents and information you should gather and give to your attorney. This will let your lawyer evaluate your claim, run a title search, draft the petition, and meet Missouri procedural requirements under the state partition statutes (see RSMo Chapter 525 for statutory rules and procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=525).

Essential identity and ownership information

• Full legal names of all co-owners (including any former names) and their current mailing addresses and phone numbers.
• How each person holds title (tenancy in common, joint tenancy with rights of survivorship, ownership through a trust or corporation). If you are unsure, provide the deed and your attorney will determine it.
• Dates and source of ownership for each person (purchase, inheritance, gift, divorce settlement, etc.).

Deeds and chain of title documents

• All recorded deeds transferring title to the property (warranty deeds, quitclaim deeds). Include copies of the deed that shows the current ownership and the legal description.
• Past deeds or title abstracts, if available, to identify any breaks or disputes in the chain of title.

Legal description and survey materials

• Copy of the legal description from the deed. Exact legal description is required to identify the parcel in the petition.
• Recent survey, plot plan, subdivision plat, or tax parcel map (if available). If there’s a boundary dispute, a current survey is very helpful.

Mortgage, lien and encumbrance records

• Mortgage statements or copies of recorded mortgages, as well as payoff statements if you have them.
• Recorded liens, judgments, tax liens, or mechanic’s liens affecting the property.
• Homeowners association (HOA) covenants, conditions, restrictions, and dues statements if the property is in an HOA.

Tax records and insurance

• Most recent property tax bills and payment records.
• Homeowner’s insurance policy declarations page (for coverage and insurer contact).

Income, leases, and expense records

• Rental or lease agreements, tenant security deposit records, and rent rolls if the property produces income.
• Proof of who has been paying property expenses — mortgage payments, taxes, insurance, utilities, repairs, and improvements. Bank records, cancelled checks, or receipts help establish contributions.

Evidence of improvements and use

• Receipts, contracts, photos, or invoices for major improvements (additions, septic, roof, fencing, driveways) and dates those improvements were made.
• Photographs or videos showing current condition and boundaries, especially if there’s a boundary or adverse possession claim.

Communications and agreements among owners

• Any written agreements among owners about dividing, selling, or using the property, including emails or text-message threads.
• Notes about oral agreements: who said what, when, and in whose presence.

Probate, trust, or family documents

• Wills, probate filings, letters of administration, trust documents, or beneficiary designations if the property was inherited or is held in trust.
• Divorce decrees or property settlement agreements that refer to the property.

Previous litigation or government actions

• Court orders, prior lawsuits, boundary or easement litigation, condemnation notices, or zoning enforcement actions affecting the parcel.
• Police or code enforcement reports only if they relate directly to ownership, access, or condition disputes.

Practical facts and your goals

• A clear written summary of the facts from your perspective: when you acquired your interest, who else owns it, how the property is being used now, and what you want (partition in kind, sale, buyout, or settlement).
• Any offers to buy, prior negotiations, or steps already taken to divide or sell the property.

Why each item matters in Missouri partition cases

Your lawyer uses deeds and the legal description to draft the petition and to name the parties correctly. Mortgage and lien documents show creditors who must be joined or paid from sale proceeds. Lease and rental documents determine who has possessory rights and what rents are collectible during the action. Evidence of payments and improvements may affect how proceeds are divided. Surveys and photographs help resolve boundary disputes or support a request for partition in kind (dividing the land), rather than ordering sale.

Under Missouri law, courts can order a physical division of the property (partition in kind) or a sale and division of proceeds if physical division is not practical. The rules and procedures are in RSMo Chapter 525: https://revisor.mo.gov/main/OneChapter.aspx?chapter=525.

What your lawyer will do after getting these documents

1. Run a full title search and review public records.
2. Identify necessary parties (all record owners and interested lienholders) and prepare the petition for partition.
3. Evaluate whether partition in kind is feasible or whether sale is likely.
4. File the partition suit, request appointment of commissioners or a referee if needed, and seek any interim relief (possession, accounting of rents, or appointment of a receiver where appropriate).

Helpful Hints — Practical tips to prepare documents and speed the case

• Organize documents by category (deeds, mortgage/lien, leases, tax bills, receipts) and provide scanned PDFs or photocopies. Keep originals and be prepared to provide them if requested.
• Create a simple timeline (dates of purchase, transfers, improvements, and important conversations). A one-page chronology is very useful.
• If you don’t have a survey, consider ordering one before filing if there’s a boundary issue. A survey helps the court and may prevent delays.
• Provide contact information for all co-owners and tenants. Your lawyer must serve all necessary parties to proceed.
• Be candid about potential defects in title, unrecorded agreements, or ongoing hostile acts by co-owners; hiding facts can hurt your credibility and case.
• Keep records of payments you made toward mortgage, taxes, insurance, and repairs. These may affect contribution claims or accounting in the partition proceeding.
• Ask your attorney about alternative dispute resolution (mediation) early. Courts and parties often resolve partition suits by sale agreement or buyout before a contested partition in court.
• Expect costs: filing fees, process service, title search fees, survey costs, commissioner/referee fees, and attorney fees (the court may allocate some costs later, but you usually must pay upfront).
• Preserve electronic communications and back up photos and documents. Screenshots of texts and emails can be admitted as evidence if properly preserved.

Next Steps

Contact a Missouri real property attorney and deliver the documents above for an initial review. The attorney will confirm any missing items, explain likely outcomes under RSMo Chapter 525 (https://revisor.mo.gov/main/OneChapter.aspx?chapter=525), and outline potential costs and timelines. If you cannot locate specific documents (old deeds or insurance policies), tell the lawyer what you do have — good lawyers can often obtain needed records from county recorder’s offices, the county assessor, or title companies.

Disclaimer: This guide is educational and informational only. It does not constitute legal advice, create an attorney-client relationship, or substitute for consulting a qualified Missouri attorney about your specific situation.