Can heirs of a deceased sibling be included in the partition action, and how do I add them? (MO)
Detailed answer Short answer: Yes. If a co‑owner died, the deceased co‑owner’s ownership interest passes to that person’s estate or heirs, and those successors must be included (joined) in a Missouri partition action if their legal interest affects the property. How you add them depends on whether a personal representative (executor/administrator) has been appointed in […]
Read article →How can I file a partition-for-sale suit in Missouri when a minority of the siblings won’t agree to sell our inherited land?
Detailed Answer — How to seek a partition-for-sale in Missouri when some co-owners refuse to sell If you and some siblings inherited land in Missouri and a minority refuses to sell, you can force a partition-for-sale through Missouri courts. A partition action asks the circuit court where the property sits to divide the property among […]
Read article →Who should be listed as petitioners on the partition lawsuit? (MO)
Detailed Answer — Who should be listed as petitioners on a partition lawsuit under Missouri law In Missouri, the petitioners in a partition action are the persons or entities who start the lawsuit because they want the court to divide or sell real property owned jointly. Put simply: list as petitioners the owners (or titleholders) […]
Read article →How can I negotiate a fair buyout of my interest in the family land when my co-owner is offering much less than the appraised value? (MO)
Understanding your options for a fair buyout of family land in Missouri You co-own family land in Missouri and your co-owner is offering a buyout well below the appraised value. Below is a plain-language, step-by-step guide to negotiating a fair resolution, explanations of your legal options under Missouri law, and practical negotiation tactics you can […]
Read article →What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (MO)
If mediation fails: How a Missouri partition action can force the sale of jointly owned land Disclaimer: This is general information only and not legal advice. Laws change and every situation is different. Consult a licensed Missouri attorney before making legal decisions. Quick overview If mediation with your co‑owner(s) does not resolve a dispute about […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property? (MO)
Detailed Answer — How co-owners start a partition action in Missouri What a partition action is A partition action is a court procedure that lets two or more people who own real property together (for example, tenants in common or joint tenants) force a division of the property or a sale and distribution of the […]
Read article →How is property divided in a partition of real property when some acres are better than others? (MO)
How is property divided in a partition of real property when some acres are better than others? Disclaimer: I am not a lawyer. This article provides general information about Missouri law and is not legal advice. For advice about your specific situation, consult a licensed Missouri attorney. Detailed answer — How Missouri handles partitions when […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (MO)
How a co-owner in Missouri can get money instead of physical property Short answer: In Missouri a co-owner who prefers cash can either negotiate a voluntary buyout with the other owners or ask a circuit court to partition the property. If the court finds physical division impractical, it can order a sale and divide the […]
Read article →Can I negotiate with my siblings to avoid a partition action in Missouri on inherited property?
Negotiate with Siblings to Avoid Partition Action in Missouri on Inherited Property Detailed Answer When you inherit real estate jointly with siblings, each co-owner holds an undivided interest. Under Missouri law, any co-owner can file a partition action to force sale or division of the property (RSMo § 525.010 et seq.). However, you can often […]
Read article →How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in Missouri
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 1. Clarify Your Ownership Structure In Missouri, joint property owners hold title either as joint tenants with right of survivorship or as tenants in common. Joint tenants each own an […]
Read article →