Detailed Answer: How to start a partition action in Missouri when co‑owners refuse to agree
If you co‑own inherited land in Missouri and your relatives refuse to agree to a sale, division, or buyout, you can ask a court to force a partition. A partition action is a civil lawsuit filed in the Circuit Court where the land is located. The court can either physically divide the property among the co‑owners (partition in kind) or order the property sold and the proceeds divided (partition by sale). Missouri’s rules for partition actions are found in Chapter 525 of the Revised Statutes of Missouri; see the chapter overview at https://revisor.mo.gov/main/OneChapter.aspx?chapter=525 and the governing provision at RSMo §525.010.
Step‑by‑step: What starting a partition lawsuit usually involves
- Confirm ownership and interests. Collect the deed(s), the decedent’s will or probate documents, and any title records that show who holds legal title. Determine whether the co‑owners hold the property as tenants in common (most common with inherited land) or joint tenants. Partition typically applies to co‑owners with separate ownership shares (tenants in common).
- Identify and locate all parties. A partition petition must name all persons who have an interest in the property. That includes known heirs, devisees, spouses with recorded interests, lienholders, and possibly unknown or unlocated heirs. If someone is a minor or legally incapacitated, the court requires special procedures to protect their interests.
- Decide the relief you want. In your petition you will ask the court to order a partition in kind (physical division) if the land can be divided fairly, or, if not feasible, a partition by sale and division of proceeds. You may also ask for temporary orders—for example, to preserve the property, collect rents, or require payment of taxes and insurance while the case proceeds.
- Prepare and file the petition in Circuit Court. File a civil petition for partition in the Circuit Court of the county where the property sits. The petition should include: a legal description of the property, the names and addresses of all known co‑owners and interested parties, each party’s claimed interest, and the specific relief sought (partition in kind or sale). The court rules and local forms vary by county; the Missouri Revisor of Statutes gives statutory authority but local court clerks set filing details: Chapter 525 RSMo.
- Pay filing fees and arrange service of process. After filing, you must serve the petition on every party named. Service methods include personal service, certified mail, and (for unknown or unlocatable parties) service by publication. If parties are infants or incapacitated, the court may require a guardian ad litem to be appointed.
- Court investigation and possible commissioners. The court may appoint commissioners or a special master to inspect the property, prepare a division plan, or recommend sale procedures. If the commissioners report that the property can be fairly divided, the court may enter a decree for partition in kind. If division in kind is not practical or would be wasteful, the court likely orders sale and division of net proceeds among owners according to their shares.
- Address liens, mortgages, taxes, and credits. Liens, mortgages, and unpaid taxes typically bind the property and must be resolved before distribution. The court will account for encumbrances and any improvements or debts that affect each owner’s share.
- Final decree and distribution. After the court approves the commissioners’ report or conducts a sale, it issues a final decree describing how title or sale proceeds will be distributed. If the court orders sale, the clerk will typically handle the sale process or direct a public auction and then distribute proceeds after paying costs and liens.
Key Missouri statutory references
- General partition authority and definitions: RSMo Chapter 525 (Partition of Land).
- Primary statutory statement on partition actions: RSMo §525.010.
Special issues to watch for in Missouri
- Minors and unknown heirs. If heirs are minors or unknown, the court must protect their interests (guardian ad litem, notice by publication). Service and appointment requirements can lengthen the case.
- Mortgages and liens. A mortgage or lien generally follows the property; the court will address payment or distribution of sale proceeds to satisfy those encumbrances.
- Possession and rents. If co‑owners are disagreeing about use or one party is occupying the land, the court can order payment of rents or expenses so no party unfairly benefits during litigation.
- Costs and attorney fees. The court often allocates the costs of partition (commissioners, advertising for sale, court costs). Attorney fees usually remain each party’s responsibility unless the court finds a reason to shift fees.
Timing and likely timeline
Timelines vary widely. A straightforward partition in a county with cooperative parties might resolve in several months. Cases complicated by missing parties, minors, contested title, liens, or attorney disputes can take a year or more. Expect additional time if the court orders a sale, since the clerk or commissioner must advertise and complete the sale process.
When to consult an attorney
Although you can file a partition petition yourself, consult an attorney if the situation includes any of the following: unknown or missing heirs; minors or incapacitated parties; mortgages, tax liens, or complex encumbrances; boundary disputes or adverse possession claims; significant disagreements about valuation; or if you want to pursue temporary relief (possession, rent collection, or preservation of property). An attorney can prepare the petition, ensure proper service, handle hearings, and protect your financial interests.
Disclaimer: This article is for general information and education only. It does not constitute legal advice. For help applying Missouri law to your specific situation, consult a licensed Missouri attorney.
Helpful Hints
- Start by gathering deeds, the will (if any), probate records, tax bills, and mortgage statements before you meet an attorney or file suit.
- Get a recent survey and an independent appraisal early to understand whether the land can be divided without reducing value.
- Attempt a written settlement offer or mediation first—courts often prefer parties try to resolve disputes out of court, and mediation can be cheaper than a contested partition.
- Identify and notify lienholders (mortgage companies, judgment creditors). They must be listed in the petition and may claim proceeds from a sale.
- If you can, calculate the costs of litigation, sale (commissions, advertising), and ongoing expenses (taxes, insurance). Compare those costs to the expected proceeds to decide whether a forced sale makes financial sense.
- Keep records of improvements, expenses, and payments related to the property; courts consider contributions and credits when dividing proceeds.
- Check local court websites or contact the county circuit clerk for local filing forms, fees, and procedure tips before filing.