Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Understanding Partition in Missouri
Partition divides property among co-owners. Missouri law allows partition in a narrow context. Separation alone does not change how you own property with your spouse.
Spousal Ownership: Tenancy by the Entirety
Missouri treats most married-couple property as tenancy by the entirety (TBE). Under Mo. Rev. Stat. § 441.205, neither spouse may sever or partition TBE property alone. Your separation agreement won’t convert TBE into separate or tenants-in-common interests.
When Partition Applies
Partition only applies if co-owners hold property as tenants in common. In that case, either owner can file a partition action under Mo. Rev. Stat. Ch. 525. The court can physically divide real estate or order its sale and distribute the proceeds among owners.
Steps After Separation
- Review Your Deed: Confirm if you hold title as TBE or tenants in common.
- Negotiate Conversion: If you both agree, execute a written agreement to convert TBE to tenants in common.
- File a Partition Action: Only after conversion or if you already hold tenants-in-common interests.
Partition vs. Divorce Property Division
If you remain TBE, you cannot partition property before divorce. Instead, marital property division occurs in your divorce under Mo. Rev. Stat. § 452.330. The court can award you a share of real or personal property and convert TBE into separate interests.
Helpful Hints
- Check your deed or title report to identify your ownership type.
- Consider a written agreement to change title form before seeking partition.
- Partition suits can be costly and may force a sale under market conditions.
- Explore a marital settlement agreement to resolve property division without partition litigation.
- Consult a family law attorney for advice tailored to your situation.