How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in Missouri
Detailed Answer Understanding Joint Ownership in Missouri When two or more people own property together in Missouri, they hold title either as joint tenants or tenants in common. Each owner has an equal right to market and sell the property, but practical coordination is key. Without agreement, one owner could act unilaterally, creating conflict and […]
Read article →How to calculate and recover carrying costs from a co-owner in a joint sale agreement in Missouri
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Missouri for advice tailored to your situation. Detailed Answer When two or more co-owners agree to sell real estate jointly, one owner may pay all carrying costs—such as mortgage payments, property taxes, insurance premiums and maintenance—while […]
Read article →What Options Exist for Selling or Transferring Real Property When an Heir Is a Minor in Missouri?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. When an heir to real property in Missouri is a minor, the law protects the minor’s interest until they reach the age of majority (18 years old). A […]
Read article →What rights do co-owners have when one heir wants to live in inherited property while another wants to sell in Missouri?
Disclaimer This article is for informational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney in Missouri. Detailed Answer Under Missouri law, when heirs inherit real estate, each heir holds an undivided interest as a co-tenant. These rights vest 60 days after the decedent’s death, see […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in Missouri
Detailed Answer When a Medicaid recipient in Missouri passes away, the Department of Social Services may seek to recover medical benefits paid on their behalf from the recipient’s estate. Under Missouri law, RSMo § 208.070 authorizes this recovery. However, you can apply for a hardship waiver if recovery would impose an undue hardship on surviving […]
Read article →What Steps Are Required to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in Missouri?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific circumstances. Detailed Answer 1. Prepare and File the Partition Petition (RSMo §512.010) Under Missouri law, any co-owner of real property may initiate a partition action by filing a petition in the circuit court […]
Read article →What options exist if co-owners cannot agree on a buyout price in Missouri?
Detailed Answer When co-owners of real property in Missouri—such as tenants in common or joint tenants—cannot agree on a buyout price, they have several paths to resolve their dispute: 1. Voluntary Agreement and Appraisal The simplest solution is to jointly hire a licensed appraiser to determine fair market value. Once you have an impartial appraisal, […]
Read article →What Process Allows a Party to Force Sale of Property Through a Partition 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 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 […]
Read article →How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners in Missouri?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Detailed Answer What Is a Partition Action? In Missouri, a partition action lets co-owners divide or sell jointly owned real estate when they cannot agree on its use or ownership. Any […]
Read article →How do existing mortgage obligations affect the sale and division of proceeds in a partition in MO?
Detailed Answer When co-owners in Missouri cannot agree on dividing real property, one owner may file a partition action under RSMo § 512.250 et seq. Any existing mortgage on the property remains a valid lien and must be satisfied from the sale proceeds before distributing funds to the co-owners. Missouri law treats mortgages as encumbrances […]
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