Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Missouri law, a co-owner of real property can force its sale through a partition action in the circuit court. Missouri Revised Statutes Chapter 528 governs this process. Partition actions proceed in several key steps:
- Filing a Petition: A co-owner (the “petitioner”) initiates the action by filing a petition for partition in the circuit court of the county where the property lies. The petition must name all other co-owners and describe the property. See Mo. Rev. Stat. § 528.020 (528.020).
- Service of Process: The petitioner serves each co-owner with the petition and a summons. Co-owners then have the opportunity to respond or object.
- Hearing on Partition: At the hearing, the court evaluates whether partition in kind—dividing the land into separate parcels for each owner—is feasible without prejudice. If dividing the land would harm its value or be impractical, the court may order a sale instead.
- Order for Sale: Under Mo. Rev. Stat. § 528.040 (528.040), the court may direct that the property be sold and the proceeds divided according to each party’s ownership interest.
- Appointment of Commissioners: The court appoints three disinterested commissioners—often real estate professionals or attorneys—to appraise and manage the sale. See Mo. Rev. Stat. § 528.080 (528.080).
- Sale Process: Commissioners advertise the sale, set terms, and conduct a public auction or negotiate a private sale, subject to court approval of price and terms.
- Confirmation and Distribution: After the sale, commissioners file a report with the court. The court confirms the sale under Mo. Rev. Stat. § 528.100 (528.100) and orders distribution of net proceeds. Each co-owner receives their share based on their ownership interest, minus costs and liens.
Example: Three siblings inherit a family farm. One sibling wants to cash out. They file a partition petition. The court finds dividing the farm would damage its value. It orders sale, appoints commissioners, and after auction, splits the proceeds: each sibling gets one-third minus expenses.
Helpful Hints
- Review all relevant deeds to confirm ownership interests before filing.
- Consider mediation to avoid litigation costs and delays.
- Keep detailed records of appraisal and sale expenses to ensure proper distribution.
- Attend hearings and file timely responses to protect your rights.
- Consult a local attorney familiar with Chapter 528 to guide you through procedural requirements.