If mediation fails: How a Missouri partition action can force the sale of jointly owned land

Disclaimer: This is general information only and not legal advice. Laws change and every situation is different. Consult a licensed Missouri attorney before making legal decisions.

Quick overview

If mediation with your co‑owner(s) does not resolve a dispute about jointly owned real property in Missouri, you can ask a circuit court to force a partition of the property under Missouri Revised Statutes, Chapter 507. The court will try to divide the property physically (a partition in kind) if practical. If a fair physical division is not possible or would be prejudicial to owners, the court can order a sale and divide the net proceeds among the owners.

Relevant Missouri law

Missouri handles partition actions under Chapter 507 of the Missouri Revised Statutes. See Missouri Revised Statutes, Chapter 507 (Partition): https://revisor.mo.gov/main/OneChapter.aspx?chapter=507. That chapter explains who may bring an action, how the court may divide land, and procedures for sale when division in kind is impracticable.

Step‑by‑step: What happens after you file a partition action in Missouri

1. File the complaint in the circuit court where the land is located.

   Your complaint names all co‑owners and anyone with an interest (for example mortgagees or lienholders). The complaint asks the court to divide or sell the property and to distribute the proceeds.

2. Service and response.

   All named parties must be served. Co‑owners may file answers asserting defenses (for example an ownership claim or allegation that a buyout is appropriate).

3. Discovery and evidence.

   The parties may exchange documents and take depositions. The court will want evidence: title documents, deeds, mortgages, tax records, appraisals, and evidence of improvements or contributions.

4. Court considers partition in kind first.

   The court favors dividing land physically when it can be done fairly without materially reducing value. The judge may appoint commissioners to inspect and divide the property into separate tracts allocated to owners.

5. If division in kind is impractical, the court orders a sale.

   If physical division would be unfair or impractical (because the property is a single house, a small parcel, or division would substantially damage value), the court will order sale and distribution of proceeds after paying liens and costs.

6. Appointment of commissioners or a commissioner to manage division or sale.

   The court usually appoints neutral commissioners or a special commissioner to value, divide, advertise, and sell the property at public auction or by another court‑approved method.

7. Sale, payoff of liens, and distribution of net proceeds.

   Sale proceeds pay mortgages, tax liens, sale expenses, and any court‑approved costs. Remaining funds divide among owners according to their ownership interests, after adjustments for contributions to mortgage payments, taxes, improvements, rents, or waste (the court may order accounting for these items).

8. Final judgment and closing.

   When the sale closes and distribution occurs, the court enters a final decree concluding the partition action.

Practical points and likely outcomes

• The court prefers a partition in kind if it can be done fairly. But many disputes involving single‑house parcels or small lots result in sale.
• Co‑owners can protect their interests by seeking appraisals or making offers to buy out other owners before a sale.
• Mortgages, tax liens, and recorded encumbrances survive ownership. A partition sale typically pays those liens from sale proceeds before distribution.
• The court can order an accounting so parties who paid more than their share (mortgage, taxes, improvements) may receive credit.
• Sales are often public auctions, but the court can approve private sales or sales to co‑owners at a fair price if that produces better value.
• Timing varies. An uncontested partition may complete in a few months; contested cases with complex title or accounting issues can take much longer.

Costs, fees, and possible awards

Parties should expect court filing fees, commissioner and appraisal fees, advertising and sale expenses, and attorney fees. Missouri courts may award costs and, in limited circumstances, attorney fees depending on statutory authority or equitable considerations, but attorney fees are not automatically awarded. Check Chapter 507 and local rules for details: Missouri Revised Statutes, Chapter 507.

Common complications

• Disputed ownership or unclear title—may require quiet title actions or additional litigation.
• Multiple liens or bankruptcy filings by a co‑owner—these can delay or complicate sales.
• Claims for reimbursement—one owner may seek credit for paying mortgage, taxes, or making improvements, requiring accounting and evidence.
• Environmental or zoning issues—these affect value and may influence whether the court orders sale or division.

Helpful hints — how to prepare and protect your position

• Gather documents now: deeds, mortgage statements, tax bills, insurance, receipts for improvements, lease agreements, and prior settlement documents.
• Get a professional appraisal to establish market value and support any buyout offers or court valuations.
• Consider a negotiated buyout before filing—often cheaper and faster than litigation.
• Ask the court for an accounting if you or others paid for mortgages, taxes, or improvements; keep evidence of payments.
• Expect liens to be paid from sale proceeds; confirm mortgage payoffs to understand likely net proceeds.
• If you want to purchase the property yourself, prepare financing so you can bid at a sale or propose a court‑approved sale to you at fair market value.
• Consult a Missouri real property attorney early—an attorney can explain local practice, prepare pleadings, handle title issues, and negotiate settlements.

Where to learn more

Read the text of Missouri’s partition statutes: Missouri Revised Statutes, Chapter 507 (Partition). For court forms and local procedures, check the circuit court website for the county where the property sits.

Final reminder: This article explains general process under Missouri law and is not legal advice. For guidance tailored to your facts and to protect your rights, talk with a licensed Missouri attorney.