Missouri Guide: Forcing a Sale or Division of Family Land (Partition Actions)

Detailed Answer — How partition works under Missouri law

In Missouri, when two or more people own the same parcel of real property and cannot agree on its use, any co-owner can sue for a partition. A partition allows the court to divide the property among the owners (partition in kind) or, if dividing the land fairly is impractical or would cause prejudice to owners, order a sale and divide the proceeds (partition by sale). The procedures and remedies for partition are governed by Missouri law; see Chapter 512 of the Missouri Revised Statutes for statutory details: Mo. Rev. Stat. Ch. 512 — Partition and the statute creating the right to partition: Mo. Rev. Stat. §512.010.

Who can file a partition action?

Any person who holds an ownership interest (fee simple, tenancy in common, or other undivided interest) in Missouri real estate may sue for partition. You must name all known co-owners and any parties with recorded interests or liens against the property (heirs, assignees, lienholders).

Where is the case filed?

The suit should be filed in the circuit court in the county where the property is located.

What outcomes can the court order?

• Partition in kind: The court divides the land so each owner receives a physically distinct portion. This works when the property can be divided fairly without harming value.
• Partition by sale: If fair division is impracticable or would materially prejudice one or more owners, the court may order the property sold and distribute the proceeds according to each owner’s share.
• Appointment of commissioner: The court often appoints a commissioner or referee to examine the property, oversee division or sale, and report back to the court. The commissioner conducts the sale if ordered.

How does the court decide between division and sale?

The court evaluates whether the land can be divided without substantial loss of value, undue complexity, or prejudice. For example, an irregular-shaped lot with a single house is often impractical to split, so courts frequently order sale. The court also considers improvements, access, zoning, and fairness to owners.

Practical steps in a Missouri partition action

1. Collect ownership documents: deed(s), wills or probate records (if owners inherited interests), title search results, and mortgage or lien records.
2. Try negotiation first: offer a buyout, propose a subdivision plan, or use mediation. Courts encourage resolution outside litigation when possible.
3. If negotiation fails, file a petition for partition in the circuit court where the property sits. Include all co-owners, heirs, and recorded lienholders.
4. Serve defendants with process. Missouri rules require proper notice to all interested parties; the court can direct substituted service or service by publication when necessary.
5. The court may appoint a commissioner to inspect the property, prepare a report (including appraisals), and implement division or sale if ordered.
6. If the court orders sale, it will set sale terms (public auction or other court-ordered sale). After sale, the court directs distribution of proceeds after paying costs, liens, and other court-allowed expenses.

Costs, fees, and liens

Costs of the action (court costs, commissioner fees, advertising, auction costs) generally come out of sale proceeds or are apportioned by the court. Valid mortgages and liens typically must be paid from sale proceeds before owners receive the balance. The court may order the party requesting partition to pay costs in certain situations, but costs are usually allocated based on interest and equities.

Special circumstances to watch for

• Minors or incapacitated owners: The court will appoint a guardian ad litem or require court approval for settlement affecting their interests.
• Unknown or missing heirs: The court may require notice by publication and can appoint a guardian ad litem or solicitor to represent unknown interests.
• Family farms, timber, or environmentally sensitive land: Courts consider the practical and economic impact of division; these factors often push toward sale rather than in-kind division.
• Co-owners who occupy the property: Possession or improvements do not automatically prevent partition, but the court will consider equitable factors when allocating value.

Timing

Timeframes vary. A simple partition can take several months. More complex matters—multiple owners, title disputes, contested appraisals, or absent parties—can take a year or longer.

Quick reference — Missouri partition statutes

Start with the statutory chapter on partition: Mo. Rev. Stat. Ch. 512. Section 512.010 sets out the right to partition: Mo. Rev. Stat. §512.010.

When you might consider alternatives

Litigation costs and family tensions often make negotiated solutions preferable. Consider these alternatives:

• One or more co-owners buy out the others using an appraisal-based price.
• Agree to lease the property and split income for a set period while exploring long-term options.
• Use mediation to reach a fair division plan or sale agreement without court intervention.

Example (hypothetical): Four siblings own a 40-acre parcel as tenants in common. Two siblings live on the land; two live elsewhere and want cash. The group cannot agree. One sibling files a partition action in the county where the land sits. The court orders a survey and appraisal. Because the property has a single home and cannot be divided without harming value, the court orders a sale and directs distribution of net proceeds according to each sibling’s ownership share after mortgages and sale costs are paid.

Helpful Hints

• Start by getting a current title report and a market appraisal. These documents clarify ownership shares, liens, and value.
• Attempt a written settlement: an appraisal-based buyout offer or a mediated plan can save time and money.
• Identify all potential owners, heirs, and lienholders before filing. Missing parties cause delays and extra costs.
• Consider the tax consequences of sale versus in-kind division. Talk to a tax advisor early.
• Document communications with co-owners. Clear records help in court and in settlement talks.
• If minors or incapacitated persons have interests, expect the court to require protective procedures and potentially delay final distribution.
• Be realistic about costs and timeline. Litigation can be expensive; balance expected recovery against likely legal costs.
• Consult a Missouri real estate or civil litigator experienced with partition actions to prepare pleadings and represent you in court.

Where to get more information and next steps

Read the Missouri partition statutes: Mo. Rev. Stat. Ch. 512. If you decide to move forward, gather deeds, wills, probate records, mortgage statements, and any written agreements among owners. Contact a Missouri attorney who handles real property and partition suits for specific advice tailored to your situation.