How to force the sale of an inherited parcel in Missouri — clear answers and next steps

Disclaimer: This article is educational only and is not legal advice. For guidance specific to your situation, consult a licensed Missouri attorney.

Detailed Answer

If a family member owns an inherited parcel and refuses to list or sell it, you may be able to force a sale by asking a court to partition the property. In Missouri, partition actions are governed by the statutes in Chapter 527 of the Missouri Revised Statutes. See Mo. Rev. Stat. Chapter 527: https://revisor.mo.gov/main/OneChapter.aspx?chapter=527.

Key concepts you must understand first

Type of ownership matters: Only owners with a legal interest in the property (for example, tenants in common or co-heirs) can bring a partition action. If title passed to a single person by survivorship, a partition action against that person may not be available.
Partition in kind vs. partition by sale: The court prefers to divide (partition in kind) if the land can be fairly divided. If division is impractical or unfair, the court can order a sale and divide the proceeds among the owners.
Statutory authority: Missouri law authorizes courts to divide property or order its sale when co-owners cannot agree. See the chapter linked above for statutory procedures and remedies.

Typical court process in Missouri

Confirm ownership and rights: Obtain copies of the deed(s), any wills, probate records, or trust documents to confirm who holds legal title and in what form (joint tenants, tenants in common, etc.).
File a partition petition: File a petition for partition in the circuit court in the county where the property is located. The petition names all persons with an interest in the property and explains why partition or sale is needed.
Service and response: All co-owners and interested parties must be served. They have an opportunity to respond and assert claims (liens, life estates, homestead rights, etc.).
Investigation and appraisal: The court often orders title and value investigations. A court-appointed commissioner or appraiser may value the property and determine whether physical division is feasible.
Decision — split or sell: If the court finds the property can be fairly divided, it may order partition in kind. If division would cause prejudice or be impractical, the court will order sale and direct how the sale proceeds are distributed among owners after debts and costs.
Sale and distribution: The court supervises the sale procedure (public auction, sheriff sale, or court-directed private sale) and oversees distribution of proceeds.

Practical considerations and common issues

Title type: If the property was held as joint tenancy with right of survivorship or as tenancy by the entirety (where applicable), the surviving owner might own the property outright, preventing a partition action by heirs. You must review the deed and probate documents.
Probate and trust matters: If the property is still in probate or held in a trust, address those processes first. Executors or trustees may have authority to sell under the will or trust terms.
Liens and mortgages: Outstanding mortgages, tax liens, or judgments will affect net sale proceeds and may complicate the sale process.
Costs and timing: Partition cases take months in many jurisdictions and involve court costs, appraisal fees, and attorney fees. The court can allocate costs and, in some circumstances, award attorney fees.

When the court orders sale instead of division

The court orders sale when a partition in kind would be impractical or inequitable. After the sale, proceeds are divided according to each owner’s legal share, after paying liens, costs, and court-ordered expenses. The court may appoint a commissioner or direct a method for sale.

Where the law requires you to look

Start with the Missouri partition statutes: Mo. Rev. Stat. Chapter 527. If the property involves probate, consult the probate statutes and local court rules for the county where the property sits.

Helpful Hints

Before filing suit, try negotiation or mediation. A simple buyout or mediated sale often saves time and money.
Get a title report and a current appraisal. Courts rely on accurate valuation and title information when deciding whether to divide or sell.
Collect and organize documents: deed, will, trust, mortgage statements, tax bills, and correspondence between owners.
Consider offering a buyout. If you can obtain financing or partner with another owner, a purchase avoids court costs and often gives a better net result faster.
Be aware of taxes. Capital gains and transfer taxes may apply to any sale. Consult a tax advisor about tax consequences before selling or distributing proceeds.
Expect time and expense. Partition actions can take several months and incur appraisal, court, and attorney fees. Budget accordingly.
Hire a Missouri real estate or probate attorney if the ownership is unclear, if liens exist, or if a family member refuses reasonable proposals. An attorney will prepare the petition and manage court steps properly.
If the property is in or near a city, check local ordinances and zoning that could affect partition or sale options.

Final steps and recommended next actions

Confirm how title is held (deed, will, trust, survivorship language).
Try negotiation, mediation, or a buyout offer to the non-cooperative owner.
If negotiation fails, consult a Missouri attorney about filing a partition action under Mo. Rev. Stat. Chapter 527: https://revisor.mo.gov/main/OneChapter.aspx?chapter=527.

Facing a family dispute over property is stressful. A board-certified—or simply licensed—Missouri real estate or probate attorney can explain how the law applies to your facts and represent you in court if needed.

Remember: This page is educational and not a substitute for legal advice. For a binding legal opinion tailored to your facts, consult a Missouri attorney.