Detailed answer — what a partition action or petition for sale is and how minors change the process

A partition action in Missouri is a civil court process used to divide real property owned by two or more people (commonly tenants in common) when co-owners cannot agree on use or disposition. If the property cannot be fairly divided (partition in kind), the court can order a sale and divide the proceeds among the owners. Missouri’s partition laws are found in Chapter 525 of the Missouri Revised Statutes. See Missouri Revised Statutes, Chapter 525: https://revisor.mo.gov/main/OneChapter.aspx?chapter=525.

When one or more heirs are minors, additional protections and procedural steps apply because minors cannot represent themselves in court. The court must ensure a minor’s interest in the property is protected before approving a partition or sale and distributing proceeds. That protection typically comes from an appointed guardian, custodian, or guardian ad litem who represents the minor’s legal and financial interests in the proceeding.

Key legal points under Missouri law

• Who may bring a partition action: any co-owner of real property (including heirs who hold title as tenants in common) can file a partition action in the circuit court where the property is located (see Chapter 525).
• Form of relief: the court may order partition in kind (physical division) or, if impractical or inequitable, order the sale of the property and allocation of proceeds among owners.
• Minor owners: a minor cannot litigate on their own behalf. The court will require representation for the minor — typically a guardian ad litem or another court-approved representative — to protect the minor’s interests during the partition or sale process.
• Probate and title status: whether the property passed through probate (estate administration), intestate succession, or another conveyance affects who has authority to act. If the estate is still open, the personal representative may need to be involved. If title already vests in heirs, any heir may bring the partition action.

Typical court procedure when minors are involved

Below is the usual sequence and options you can expect in Missouri when minors are co-owners:

1. Identify owners and title status. Determine current owners of record, whether the property is held as tenants in common, and whether the estate is open in probate.
2. Try to reach agreement first. If all heirs (or their guardians) agree to sell and divide proceeds, an uncontested sale and distribution with court approval can be faster and cheaper than a contested partition. When minors are involved, settlement documents typically require court approval to bind the minor’s interest.
3. File a partition petition in circuit court. The petitioner files in the county where the property is located. The petition names all persons with an interest in the property as parties. It asks for partition in kind or sale and distribution of proceeds under Chapter 525.
4. Notify and join all heirs and interest holders. All owners, lienholders, and persons with recorded interests must be made parties. For a minor, the court must ensure appropriate representation is provided for service and process.
5. Request appointment of a guardian ad litem or other representative for the minor. If a minor has no appointed legal representative for the litigation, the court will typically appoint a guardian ad litem (GAL) whose duty is to investigate and recommend what is in the minor’s best interest. The court may also allow the minor’s statutory guardian or conservator to represent the child’s interest in property matters if that guardian has proper authority from probate court or parentage is clear.
6. Court may appoint commissioners or order sale. If partition in kind is feasible, the court may appoint commissioners to divide the land. If not feasible, the court will order a sale (often by auction or by court order through a real estate broker) and a detailed accounting to approve distribution of proceeds.
7. Court approval of sale and distribution to minors. Any sale affecting a minor’s interest typically requires court review and approval before distribution. The court will review whether the sale price and division are fair, and whether the minor’s share should be paid into the probate registry, to a custodian under the Missouri Uniform Transfers to Minors Act, or to a court-appointed conservator (depending on circumstances).

How a minor’s proceeds are handled

Missouri provides mechanisms to hold or manage funds for minors. Depending on the amount and circumstances, the court may:

• Order proceeds paid into the court registry for safekeeping until the minor reaches majority or until a conservator/guardian is appointed;
• Authorize transfer to a custodian under the Missouri Uniform Transfers to Minors Act (UTMA) if appropriate (see Chapter 475: https://revisor.mo.gov/main/OneChapter.aspx?chapter=475);
• Authorize appointment of a guardian/conservator who manages the minor’s funds under the probate statutes and court supervision; or
• Approve direct distribution if the court finds it is safe and in the minor’s best interest (less common).

The right method depends on the child’s age, the amount at issue, whether a guardian or conservator already exists, and any family circumstances. A Missouri probate or family court handles guardianships and conservatorships that may be necessary to manage a minor’s property long-term.

Practical example (hypothetical)

Hypothetical facts: Siblings A (age 42) and B (age 17) and C (age 10) inherit a house as tenants in common after a parent dies. A wants the house sold and proceeds split; B and C (through their parent) do not agree to an immediate sale.

Practical steps under Missouri law:

1. A files a partition petition in the circuit court where the property sits under Chapter 525.
2. The petition names B and C as parties. Because B and C are minors (or one is a minor), A asks the court to appoint a guardian ad litem to represent their interests.
3. The court appoints a GAL to investigate. The court may also order that any sale proceeds for B and C be held in the court registry or transferred to a UTMA custodian until B and C reach majority or a guardian/conservator is appointed.
4. If the court finds sale is appropriate, it orders sale and later approves the sale price and distribution of proceeds, including directions for safeguarding the minors’ shares.

Steps you should follow right now

1. Confirm current title records and how property passed to heirs (probate record, deed, or intestacy).
2. Collect basic documents: death certificate, will (if any), letters testamentary/personal representative documents, and the deed/title record.
3. Talk to all heirs (and parents/guardians of minors) to see if an agreed sale/partition is possible.
4. If no agreement, consult a Missouri real estate or probate attorney experienced in partition actions to prepare and file the petition and to request appropriate protective steps for minors.
5. Be prepared for the court to require a guardian ad litem or other fiduciary for minor owners and for the court to manage any distribution of minors’ proceeds.

Helpful hints — quick guidance while you prepare

• Do not sign away a minor’s interest without a court order or court-approved settlement. Courts closely guard minor interests.
• If the probate estate is open, the personal representative may have authority to preserve or sell estate property — check whether estate administration can resolve title before filing partition.
• Explore sale by agreement first. A private sale agreed by all owners (and approved by the court for minors) is faster and less expensive than contested partition litigation.
• Keep clear records of communications, offers, and valuations. Appraisals and broker price opinions are useful in court to show a sale price is fair.
• Expect additional time and court steps when minors are involved. The court will require extra protections (GAL appointment, hearings to approve settlements, funds held in registry or custodian arrangements).
• Ask about costs: partition actions often include court filing fees, costs of commissioners or appraisers, attorney fees, and possible sale expenses. The court may allocate those costs among owners.
• If the property is mortgaged or encumbered, lienholders must be joined or notified; liens affect net proceeds and may complicate agreement among heirs.