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 owners or, when physical division is impracticable or inequitable, to order the property sold and the proceeds divided. Below are the practical steps, what to expect under Missouri law, common complications, and how proceeds are distributed.
1. Who can file and where to file
- Any co-owner of real property (tenant in common or joint tenant) can file a partition suit in the Missouri circuit court located in the county where the land is located.
- If the land is still in probate, you may need to coordinate with the probate process; sometimes the personal representative can join or the court may require probate questions resolved first.
2. What the petition must say
- The petition should identify all parties with an interest, describe the property (legal description or deed reference), state each person’s claimed ownership share, and ask the court to either partition the land in kind or, if that is not practical, order a sale and distribution of proceeds.
- The petitioner typically asks the court to appoint commissioners or a referee to determine whether a division in kind is feasible and, if not, to supervise a sale.
3. Partition in kind vs partition by sale
- Missouri courts generally prefer a partition in kind (physically dividing the land) if it can be done fairly and without great prejudice to the owners.
- If the court finds division impracticable or inequitable, it can order a sale and divide the net proceeds by ownership shares after paying liens, mortgages, taxes, and court costs.
4. Process timeline and steps after filing
- File the petition and serve all co-owners with process. Uncooperative owners can be served and forced to litigate.
- The court may appoint commissioners or a referee to inspect the property, report whether a division in kind is feasible, and value the property.
- If commissioners recommend sale, the court will usually set terms (reserve price, method of sale — commission or sheriff sale, etc.).
- After sale, the court enters an order distributing net proceeds according to ownership shares and paying any liens, mortgages, and sale expenses.
5. How ownership shares and liens affect distribution
- Proceeds are distributed based on each owner’s legal interest (e.g., 50/50, one-fifth, etc.). If shares are unclear, the court will determine interests based on deeds, wills, and records.
- Secured claims (mortgages, tax liens) are paid from the sale proceeds before distribution. If one owner paid improvements or taxes pre-suit, they may assert an equitable claim for reimbursement.
6. Common complications to watch for
- Outstanding mortgages, tax liens, or judgments that must be paid or dealt with before distribution.
- The property is the decedent’s homestead or part of an unresolved probate estate — the court may require probate issues addressed first.
- One co-owner’s possession, improvements, or adverse-possession claim may lead to additional litigation or offset claims.
- Bankruptcy filings by any co-owner can delay the partition; automatic stays may apply.
7. Costs, timing, and practical expectations
- Partition suits can take several months to over a year depending on complexity, appeals, and whether the parties reach settlement.
- Costs include court filing fees, service fees, appraisal and survey costs, commissioner or referee fees, and attorney fees if you hire counsel. The court may allocate certain costs among owners.
- Courts can order sale by public auction or appoint a broker, depending on circumstances and local practice.
8. Alternatives to litigation
- Negotiated buyout: offer the holdouts cash for their share, often after an appraisal.
- Mediation or family settlement: cheaper and faster than litigation and preserves relationships.
- Partition by agreement: owners can agree to divide the land or sell and distribute proceeds without court intervention.
Missouri statutes govern partition procedure and remedy. See Mo. Rev. Stat. Chapter 527 (Partition) for statutory rules and detailed procedure: Mo. Rev. Stat. Chapter 527. The circuit court rules and local county practices also affect procedure.
Helpful Hints
- Gather essential documents before filing: deeds, the decedent’s will (if any), death certificate, mortgage statements, tax bills, surveys, and any written agreements among siblings.
- Get a recent professional appraisal to set realistic buyout offers or a reserve price for sale.
- Talk to your siblings first. A negotiated buyout or mediated agreement can save time and money.
- Do a title and lien search early to identify mortgages, tax liens, or other encumbrances that will need payoff.
- Consider a survey if boundary lines or usable division are in question — it helps the court and the commissioners evaluate partition in kind.
- Keep records of any payments you made for taxes, insurance, or improvements — you may have an equitable claim in the partition accounting.
- Plan for tax consequences. A sale may trigger capital gains tax for each owner. Consult a tax advisor.
- If the property is in an active probate, check with the probate court or an attorney about how to coordinate probate and partition steps.
- Hire an attorney experienced in Missouri real property and partition actions if complexity is high (liens, disputes over shares, improvements, occupation, or potential counterclaims).
Disclaimer: This information explains general Missouri procedures for partition suits but is not legal advice. Laws change, and every case turns on its facts. Consult a licensed Missouri attorney to review your situation and prepare court papers if you intend to file.