Detailed Answer — How the law works and practical steps

Basic idea: Under Missouri law, co-owners who cannot agree about continued ownership can ask a court to divide the property or order its sale through an action called a partition. A partition lawsuit forces an orderly resolution when negotiation fails.

Who can bring a partition action?

Any person who holds an ownership interest in real property (for example, tenants in common or joint tenants) may ask a Missouri circuit court to partition the property. The court that hears the case is the circuit court in the county where the property sits.

What outcomes can a court order?

• Partition in kind: The court divides the land into physically separate portions and awards each owner a portion corresponding to their ownership share. This works only when the property can be divided fairly (rare for houses on single lots).
• Partition by sale: If dividing the land fairly is impractical, the court orders the property sold and divides the net proceeds among the owners according to their ownership interests.

Typical partition process

1. File the complaint: A co-owner files a complaint for partition in the circuit court where the property is located.
2. Service and response: All co-owners and recorded lien holders are served. Co-owners may respond, assert counterclaims (for example, claims for unequal contributions), or ask for buyout.
3. Title, liens, and accounting: The court examines title, outstanding mortgages and liens, unpaid taxes, and any claims for reimbursement by co-owners for things like mortgage payments, taxes, or improvements.
4. Decision to divide or sell: The court decides whether an in-kind partition is feasible. If not, the court orders a sale, usually through a court-appointed commissioner or by directing a sale on the open market or at auction.
5. Payment of debts, costs, and distribution: Sale proceeds first pay liens, mortgages, taxes, and sale/court costs. Remaining funds are divided among owners according to ownership shares after credits and reimbursements determined by the court.

How ownership shares are determined

Shares come from the deed language or other evidence of ownership. If two or more people own without words creating survivorship, courts commonly treat the interest as tenancy in common with each co-owner holding a fractional share. If a co-owner claims extra equity because of contributions (e.g., paid mortgage, paid improvements), the court may credit that person in the accounting portion of the partition.

Mortgage, liens, and foreclosure concerns

The existence of a mortgage or other lien complicates partition sales. Lenders’ liens attach to the property and must be cleared from sale proceeds (or the lender’s permission obtained). If mortgage payments are in default, a lender could foreclose irrespective of co-owners’ partition action; conversely, a partition sale will typically pay the mortgage from the sale proceeds.

Costs, timing, and likely result

The timeline varies by county and case complexity; expect several months to over a year. Costs include court filing fees, attorney fees, appraisal fees, and sale or commissioner costs. Courts commonly order a sale rather than a physical division when the property is a single house on one lot.

Alternatives to filing suit

• Negotiate a buyout where one or more co-owners purchase others’ interests (often using a recent appraisal and loan financing).
• Use mediation to reach a settlement on sale terms, timing, or buyout price.
• Agree on an orderly marketing plan and voluntary sale with a realtor to reduce costs and preserve more sale proceeds.

Practical documents and evidence to gather

Before speaking with an attorney or filing a partition action, collect: the recorded deed, mortgage statements, title report or title commitment, property tax records, insurance bills, receipts for repairs or improvements, evidence of mortgage or tax payments by each co-owner, and any written agreements among owners.

Tax and financial effects

A forced sale can create capital gains or losses for each co-owner. Each owner must determine taxable gain based on their basis and share of the sale proceeds. Consult a tax advisor about withholding, basis adjustments, and potential 1031 or other tax implications.

Where to look for Missouri law and court rules

Missouri statutes and local court rules govern real-property and partition litigation. For general information about Missouri statutes and to locate the partition provisions or related civil procedure rules, use the Missouri Revisor of Statutes: https://revisor.mo.gov/. For information about circuit courts and procedures, visit the Missouri Courts site: https://www.courts.mo.gov/.

Example (hypothetical)

Three people own a home as tenants in common. Two want to keep the house; one wants out. The lone owner offers a buyout, but the others refuse. The lone owner files a partition action in the county circuit court. The court finds in-kind division impractical and orders a sale. A commissioner oversees preparation and sale; after paying the mortgage and court/sale costs, the net proceeds are split according to each owner’s recorded share—less any credits the court awards for payments or improvements made by particular owners.

Bottom line: If co-owners can’t agree, filing a partition action in the circuit court where the property sits is the usual way to force a sale. Because partition actions affect title, finances, and taxes, you should gather documents and consult an attorney early to evaluate chances of settlement, possible credits, and costs.

Helpful Hints

• Try negotiation first: a voluntary sale or buyout often saves time and money compared with litigation.
• Obtain a current, professional appraisal before negotiating or filing suit so everyone knows fair market value.
• Keep detailed records of all payments, improvements, taxes, and insurance — the court may credit or debit those amounts during accounting.
• Consider mediation to preserve the relationship and reach a faster, cheaper solution than court.
• Check title early for mortgages, liens, and judgments; these affect net proceeds and the sale process.
• Talk with a Missouri real estate attorney to understand local court practices and estimate costs and timing in your county.
• Consult a tax professional about capital gains, basis, and potential tax planning before completing any sale.
• If you proceed with a partition lawsuit, expect the court to either divide the property (rare for houses) or order a sale and divide proceeds after paying liens and costs.