Short answer

If co-owners of Missouri farmland cannot agree, the primary legal remedy is a partition action in Missouri circuit court. The court can divide the land physically (partition in kind) when feasible or order a sale and split the proceeds (partition by sale). Alternative approaches include negotiation, a buyout by one or more owners, mediation, or creating a written co-ownership agreement to govern use and disposition. Each route has trade-offs in cost, timing, taxes, and disruption to farming operations.

Detailed answer — legal tools and how they work in Missouri

1. Confirm how title is held

First, determine whether the property is owned as tenants in common, as joint tenants with right of survivorship, or under some other arrangement. Heirs and descendants frequently hold farmland as tenants in common, which gives each co-owner a separate ownership share and the right to seek partition. If the deed used joint tenancy and a surviving joint tenant exists, the ownership situation may differ. If you do not have the deed, request a copy from the county recorder.

2. Negotiate a voluntary resolution (best first step)

Negotiation is usually faster and cheaper than litigation. Options include:

• One co-owner buying out others at an agreed value.
• Splitting the tract by mutual agreement with a survey.
• Entering a formal co-ownership agreement that sets use, income-sharing, and a buy-sell mechanism for future disputes.
• Agreeing that the farm will be managed as a unit under a lease or operating agreement, with profits and costs allocated.

3. Mediation or other alternative dispute resolution

Using a mediator or neutral farm business advisor can help heirs reach a settlement before court. Courts often favor settlements and may require or encourage mediation. Mediation can preserve family relationships and minimize transaction costs.

4. Filing a partition action in Missouri circuit court

If voluntary resolution fails, a co-owner may file a partition lawsuit in the circuit court where the land lies. The court can:

• Order partition in kind — physically divide the land into separate parcels if division is practical and will be equitable.
• Order partition by sale — sell the entire property (usually at public sale) and divide the proceeds among owners according to their shares when division in kind is impractical or would be unfair.
• Appoint commissioners or referees to survey and recommend a fair division or sale process, and to handle the sale or distribution of proceeds.

The court balances practical factors: whether the land can be divided without reducing overall value, the size and configuration of parcels, existing improvements (homes, barns, roads), and fairness among owners. Courts may allow monetary adjustments to equalize shares when perfect physical division is not possible.

5. Interim court relief to protect the property

During a dispute, owners can ask the court for temporary orders to prevent waste or unauthorized sale, require sharing of farm income and expenses, or appoint a receiver or manager to operate the farm. Courts may order accounting of rents, crop proceeds, and expenses so co-owners receive fair credit or reimbursement.

6. Costs, liens, and mortgage considerations

Outstanding mortgages, tax liens, or other encumbrances remain attached to the property and affect proceeds from any sale. The court will pay liens and expenses from sale proceeds before distributing net proceeds to co-owners. The party seeking partition may be liable for court costs and possibly the purchaser’s or other owners’ share of costs depending on the outcome and local rules.

7. Tax and farm operation consequences

A forced sale triggers capital gains and may have estate or gift tax implications. A buyout may alter basis for the buyer. Before finalizing a sale or buyout, consult a tax advisor about capital gains, depreciation recapture, and potential installment sale or 1031-type strategies (if applicable) to reduce tax burden.

8. Practical timeline

Voluntary agreements and mediation can conclude in weeks to months. A contested partition lawsuit typically takes several months to a year or more, depending on court schedules, the need for surveys/appraisals, and appeals.

9. Where to find Missouri statutes and further legal resources

Missouri’s statutory framework and case law govern partition and property disputes. For statutory language and search tools, see the Missouri Revisor of Statutes: https://revisor.mo.gov/main/Search.aspx?search=partition. For court procedures and local filing rules, contact the circuit court clerk in the county where the farmland sits or visit the Missouri Courts website at https://www.courts.mo.gov.

Common scenarios and likely outcomes

• If the farm can be divided into viable, reasonably equal parcels, the court may order partition in kind.
• If dividing would harm overall value or is impractical (one house, one well, shared infrastructure), the court is likely to order a sale and split proceeds.
• If one heir wants to farm and has funding, a buyout by that heir is often a workable compromise and preserves the farm as a working unit.
• If co-owners have significant disagreement about management or expenses, the court may appoint a manager or order accounting until the final disposition.

Helpful hints

• Gather documents: deed(s), wills, trust documents, mortgage statements, tax records, leases, and maps. Clear records speed any resolution.
• Get a professional appraisal and a recent survey if you’re considering division or buyout.
• Calculate operating income and expenses for recent years to support fair accounting of distributions and reimbursement claims.
• Consider mediation before filing suit — it often preserves value and relationships and reduces costs.
• Ask potential buyers or co-owners to provide proof of funds for buyouts to avoid delays after agreement.
• Talk with a Missouri real estate or probate attorney early. An attorney can explain local court practice, likely costs, and ways to protect your share pending a final outcome.
• Discuss tax planning with a CPA before closing a sale or buyout to identify ways to reduce taxable impact.
• If the farm is leased, review lease terms. A tenant’s rights can affect the timing and value of a sale.