FAQ: How to file a partition action in Missouri when some inherited-property owners won’t respond

Short answer: In Missouri you (any co-owner) can file a civil partition action in the county where the property sits. The court can proceed even if some co-owners do not respond — by serving them by publication or obtaining a default — and can order a physical division or a sale with proceeds divided according to ownership shares. If title to the property is unclear because the estate wasn’t probated, you may need to clear title first or join the probate process. This is general information, not legal advice.

Detailed Answer — How partition works in Missouri and how to handle non‑responsive co‑owners

Who may file: Any person with a legal co‑ownership interest in Missouri real property may file a partition action. That includes heirs who inherited property either by will or by intestacy but who now hold record title or equitable ownership.

Where to file: File in the circuit court of the county where the property is located.

What to include in the petition: The petition should identify the property by legal description, list all known owners and their last known addresses, explain how each person claims an interest, state the basis for the court’s jurisdiction, and request partition (either division in kind or sale). Include a copy of any deed, will, or probated paperwork that shows ownership, if available.

Service and non‑responsive owners:

If you can locate other co‑owners, they must be served with process (typically by the sheriff or a process server).
If owners cannot be located or their addresses are unknown, Missouri courts allow service by publication. The court will require an affidavit describing efforts to locate the person and will direct publication in a local newspaper for a prescribed time period.
For unknown, missing, or unborn heirs, the court may appoint a guardian ad litem or a curator to represent their interests during the partition action.
If a served co‑owner fails to respond within the allowed time, the court may enter a default and proceed without that co‑owner’s participation.

Types of partition the court may order:

Partition in kind: The court physically divides the land into separate parcels so each owner gets a portion. This is feasible when the property can be fairly divided without unfairness.
Partition by sale: When physical division is impractical or would damage value (typical with most residential lots), the court orders the property sold and the proceeds divided among owners according to their ownership shares.

Commissioners and sale procedure: The court often appoints impartial commissioners to survey, attempt a division, or manage a sale. If ordered sold, the court sets the terms (public auction or private sale subject to court confirmation). The sale pays liens, taxes, and costs before distribution of net proceeds.

How ownership shares are determined: Shares usually follow title (deeds, wills, or probate determinations). If ownership is unclear, the court may require evidence or coordinate with probate to establish who inherited what share. If co‑owners own unequal shares, the sale proceeds are allocated according to those percentages after liens and costs.

Probate and title issues: If the property was “inherited” but no one completed probate or the deed was not transferred, you may need to open or complete probate to establish legal title before or during the partition action. Sometimes the partition action and probate claims are resolved together so the court can distribute property rights correctly.

Liens, mortgages, taxes, and other encumbrances: Mortgage holders and lien claimants must be notified. The court will typically require payment of valid liens from sale proceeds before owners receive their shares. Outstanding property taxes and sales costs are paid first.

Costs and attorney fees: The court may order costs (appraisers, commissioners, sale expenses) paid from sale proceeds. Missouri courts generally do not award attorney fees to a prevailing party in partition actions unless there is a statute or contract permitting fees or the parties agree.

Typical timeline: Timelines vary. After filing and service (including publication for unknown owners), expect several months to over a year for the court to appoint commissioners, conduct a sale (if required), and distribute proceeds. Delays occur if title disputes, probate, or contested issues arise.

Relevant Missouri resources:

Missouri Revised Statutes and legislative revisor site: https://revisor.mo.gov
General information about Missouri courts: https://www.courts.mo.gov

Note: Partition statutes and procedure are controlled by state law and local court rules. Consult the statutes and local court clerk for filing forms, fees, and procedural requirements in your county.

When you may need to open probate first

If no deed was recorded transferring title from the decedent to heirs, probate may be necessary to issue letters, transfer title, or identify heirs.
If claims against the decedent’s estate are unresolved, creditors might have priority over partition proceeds until claims are settled.
If heirs are minors or incapacitated, the probate court may need to appoint a guardian or conservator before property interests can be finally allocated.

Practical step‑by‑step checklist

Gather documents: deed(s), death certificate, any will, prior probate paperwork, tax bills, mortgage statements, and contact info for known co‑owners.
Determine county of the property and contact the circuit court clerk about filing requirements, fees, and local forms for a partition action.
Prepare and file a petition for partition listing all known owners and describing the property legally.
Serve known owners. If any owner cannot be located, file an affidavit of diligent search and request service by publication as allowed by the court.
If necessary, request appointment of a guardian ad litem or curator for unknown or unresponsive potential heirs.
Attend hearings, cooperate with court‑appointed commissioners, and follow the court’s orders regarding sale or division.
After sale, ensure liens, taxes, and court costs are paid; collect your net proceeds according to the court’s distribution order.

Helpful Hints

Do an early title search. A current title report clarifies ownership, liens, and recorded encumbrances before you file.
Try negotiation first. A negotiated buyout or voluntary sale often saves time and costs compared with litigation.
Document your attempts to contact missing owners. Courts expect evidence of diligent efforts before allowing service by publication.
Keep records of property taxes and maintenance expenses. These affect distributions and potential reimbursement claims among co‑owners.
Consider insurance appraisal. An independent appraisal helps prevent disputes about fair market value if the court orders a sale.
If the estate was never probated, handle or coordinate with probate early to avoid title defects later.
Talk to the circuit court clerk about local forms and timelines — each county may have slightly different procedures.
When in doubt, consult an attorney experienced in Missouri real estate or probate litigation — especially if title disputes, large liabilities, or missing heirs complicate the case.

Disclaimer: This article explains general Missouri law and practice about partition of real property. It does not constitute legal advice. Laws change and facts differ by case. Consult a licensed Missouri attorney to get advice tailored to your situation.