Detailed Answer
If some family members who co-own real estate want to end co-ownership and sell the property while others refuse, Missouri law provides a court remedy called a partition action. A partition action lets a co-owner ask the circuit court to divide or sell the property and distribute the proceeds among the co-owners according to their ownership shares.
Key legal framework: Missouri’s partition statutes address how co-owned real estate is split. See Missouri Revised Statutes, Chapter 528 (Partition). For the statutory text and procedures, visit: Missouri Revised Statutes, Chapter 528 — Partition.
Who can file?
Any person who legally holds an ownership interest in the real property (a co-owner) may file a partition action in the proper circuit court. Whether owners hold title as tenants in common, joint tenants with rights of survivorship, or other recognized forms of co-ownership, a co-owner can ordinarily ask the court to partition the land. (Different ownership forms can affect survivorship and who inherits interests, but they do not generally block a partition remedy for existing co-owners.)
What remedies can the court order?
- Partition in kind: The court may order a physical division of the land if it can be done fairly and without material injury to the owners’ interests. The court may appoint commissioners or a commissioner to examine and divide the property.
- Partition by sale: If a fair physical division is impractical or would significantly reduce value (for example, a single-family home or a small lot), the court can order the property sold and the net proceeds distributed among the co-owners according to their interests. Missouri law authorizes sale when partition in kind is not feasible. See Chapter 528 for procedures and the court’s powers.
Typical court process and practical steps
- Try to agree first: Courts encourage co-owners to negotiate a voluntary buyout, sale, or co-ownership arrangement before filing. Voluntary agreements avoid litigation costs and delay.
- Demand or offer to buy out: A co-owner who wants out can offer to buy the others’ shares or ask them to buy out his/her share. Written offers and documentation of communications help later in court.
- File a partition action in circuit court: If negotiation fails, a co-owner files a petition for partition in the circuit court of the county where the property lies. The court issues process to all co-owners and interested parties.
- Appointment of commissioners and hearing: The court may appoint commissioners to survey the property and recommend division or sale. Parties can present evidence about value, improvements, liens, and contributions.
- Sale (if ordered): If the court orders sale, it will direct how the sale is conducted and how costs (including mortgages, liens, sale costs, and commissions) are paid. Net proceeds are divided according to ownership shares.
What factors affect whether the court orders sale versus division?
The court looks at whether a practical, fair physical division is possible without prejudicing owners. Factors include the size and character of the property, improvements, accessibility, effect on market value, and whether division would create awkward or unusable parcels. When division would materially reduce value, the court commonly orders sale and distribution of proceeds.
Effect of mortgages, liens, or improvements
Mortgages and recorded liens generally survive a partition sale and will be satisfied from sale proceeds before owners split net amounts. If one co-owner made improvements or paid more than their share of expenses, the court can consider accounting claims or adjustments before distributing proceeds.
Common defenses and complications
- Disputes over who holds title and in what shares (title quieting or reformation may be necessary first).
- Timely claims by creditors or unknown parties who assert an interest in the property.
- Claims for offsets because one owner paid more than a fair share of mortgage, taxes, or made improvements.
- Special ownership forms (for example, tenancy by the entirety for married couples) that may limit who can bring a partition absent divorce or another event — you should confirm the ownership type recorded in the deed.
Hypothetical example
Three siblings own a weekend cabin as tenants in common (equal one-third shares). Two siblings want to sell; the third refuses. The two siblings may either try to buy out the third sibling’s share or file a partition action in the circuit court where the cabin sits. If the court finds a fair physical split is impractical, it likely will order a sale and divide net proceeds after paying outstanding mortgage and sale costs.
Where to find the law and forms
Missouri’s partition statutes are in Chapter 528 of the Revised Statutes: https://revisor.mo.gov/main/Chapters/Chapter528.htm. For court-specific filing procedures and local forms, contact the circuit clerk’s office in the county where the property is located or visit the Missouri Courts website for court rules and filing guidance.
When to consult an attorney
You should consult an attorney if:
- Title is unclear or disputed.
- Significant liens, mortgages, or tax issues exist.
- One or more co-owners assert offsets for improvements or payments.
- You want to evaluate buyout offers or negotiate a sale without litigation.
An attorney can help evaluate ownership interests, prepare and file a partition petition, advise on valuation and offsets, and represent you at hearings.
Helpful Hints
- Document ownership: gather deeds, title insurance, mortgages, tax records, and any written agreements among owners.
- Get a professional valuation: obtain a current appraisal or comparable-market analysis to inform buyout or sale decisions.
- Preserve proofs of expenses: keep receipts for taxes, mortgage payments, repairs, and improvements to support claims for contribution or credit in court.
- Try mediation first: courts often encourage or require alternative dispute resolution to avoid litigation costs.
- Consider timing and costs: partition litigation can take months and involve court costs, commissioner fees, appraisals, and attorneys’ fees.
- Check for liens: identify mortgages, judgments, or tax liens that will be paid from sale proceeds before owners receive net distributions.
- Know your local clerk’s procedures: filing requirements and fees vary by county circuit court.
Disclaimer: This article explains general Missouri law and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Missouri attorney.