Can I force the private sale of inherited land I co-own in Missouri?

Short answer: Yes — if you and the other co‑owners cannot agree to a voluntary private sale, Missouri law lets any co‑owner ask a circuit court to divide or sell the property through a partition action. If the court determines the land cannot be fairly divided (partition in kind), it can order a sale and divide the net proceeds among the co‑owners.

Detailed answer — how the process works in Missouri

1. Who owns the property after someone dies?

When land passes to multiple heirs, the heirs normally hold the property together as co‑owners. Most commonly that is a tenancy in common: each heir owns a fractional share that they can sell, mortgage, or ask the court to partition. The exact ownership may depend on the will, a survivorship deed, or the probate distribution.

2. Try to agree first (voluntary private sale)

Before filing any lawsuit, try these steps. They are faster, cheaper, and keep full control of terms:

Get a current market appraisal or broker price opinion.
Discuss whether one co‑owner will buy out the others (buyout based on appraisal or agreed formula).
Offer a private sale listing with clear allocation of sale proceeds and payment of closing costs.
Consider mediation or a neutral real estate attorney to draft a written agreement.

3. If negotiation fails — file a partition action in circuit court

If co‑owners cannot reach agreement, Missouri law allows any co‑owner to bring a partition action in the circuit court where the property sits. A partition action asks the court either to:

Divide the land physically among the owners (partition in kind), or
Order the property sold and divide the sale proceeds among the owners (partition by sale).

Missouri’s statutes address partition procedures and the court’s powers on division and sale of real property. See the Revised Statutes of Missouri regarding partition actions (Chapter 525), which govern how courts handle property partition and sale: RSMo Chapter 525 — Partition.

4. How the court decides whether to divide or sell

The court will prefer dividing the land in kind (cutting the property into separate parcels for each owner) when a fair and practical division is possible. If the land cannot be divided fairly — for example, because of a single house, awkward parcel shape, or agricultural use that would be destroyed by division — the court can order a sale and divide the net proceeds among the co‑owners. The court may also appoint a commissioner to value and sell the property.

5. Private sale vs public sale in a partition action

Even after a partition lawsuit starts, courts can authorize a private sale instead of a public auction if the sale is likely to bring a better price or is otherwise in the owners’ best interests. The court typically requires adequate notice, an appraisal or evidence of fair market value, and a report from the appointed commissioner or referee recommending the private sale. The court must be satisfied the private sale is fair and will produce a reasonable price for all co‑owners.

6. Distribution of proceeds and adjustments

When the court orders a sale, it will pay liens, mortgages, taxes, and sale costs from the sale proceeds, then distribute the remainder to co‑owners according to their ownership shares. The court can also account for contributions: a co‑owner who paid more than their share of mortgage payments, taxes, or repairs may ask the court for credit. The court’s distribution order will specify these credits and offsets.

7. Practical steps to force (or avoid) a court-ordered sale

Collect documents: deed(s), will or probate documents, title report, mortgage statements, tax bills, and records of improvements or payments.
Get at least one formal real estate appraisal to show fair market value.
Send a written demand to the co‑owners proposing sale terms or a buyout; keep proof you tried to resolve the matter.
If no agreement, consult a Missouri real estate attorney about filing a partition action in the county where the property is located.
If you file, be prepared for litigation costs, court fees, attorney fees, and time (sometimes months to a year or more, depending on complexity).

8. Other legal and financial considerations

Taxes: Sale may trigger capital gains taxes for each owner based on their tax basis. Consult a tax advisor before sale.
Mortgages or liens: Lenders can force sale if mortgage is in default. Otherwise liens will be paid from sale proceeds.
Buyouts: If a co‑owner wants to keep the property, they can often buy the others out at market value established by appraisal or court valuation.
Costs: The winning party in a partition may still be responsible for mortgage, taxes and maintenance while suit is pending.

When to hire an attorney

Consider hiring a Missouri real estate or probate attorney if any of these apply:

Co‑owners refuse to negotiate or are uncooperative.
Title or ownership is unclear (conflicting deeds, probate unresolved).
There are mortgages, tax liens, or other encumbrances.
Disagreements over valuation, credits for improvements, or distribution of proceeds.
You need to file a partition action or respond to one.

An attorney can prepare and file the petition, represent you at hearings, help obtain appraisals, and present evidence to justify a private sale if that result is appropriate.

Helpful Hints

Document every step: keep written offers, demand letters, and copies of appraisals and tax payments.
Get a professional appraisal before making buyout offers or asking the court to approve a private sale.
If possible, try mediation early — courts often encourage settlement and mediation can save time and money.
Understand costs: partition litigation can be expensive. Compare likely legal costs with value of your share before filing.
Know the forum: file a partition action in the circuit court in the county where the property is located.
Ask about a temporary injunction or accounting if co‑owners are failing to pay mortgages, taxes, or are damaging the property while dispute is pending.

Where to read the law

For the text of Missouri’s rules on partition actions, see the Revised Statutes of Missouri, Chapter 525 — Partition: https://revisor.mo.gov/main/OneChapter.aspx?chapter=525. That chapter explains court authority for partition, sale, appointment of commissioners, and distribution of proceeds.

Final note and disclaimer

This article explains general principles of Missouri partition law and practical steps heirs typically use to force a sale of co‑owned inherited land. It is educational only and does not create an attorney‑client relationship. This is not legal advice. For advice specific to your situation, consult a licensed Missouri attorney who handles real estate and probate matters.