Steps to File a Court Petition for Land Partition in Missouri
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When multiple relatives co-own land in Missouri and cannot agree on its use or division, a partition action in circuit court can resolve the dispute. Missouri law governs partition actions under Mo. Rev. Stat. § 512.010 et seq.
1. Confirm Standing and Ownership
Under Mo. Rev. Stat. § 512.010, any co-owner with a legal interest may file a partition petition. Gather deeds, wills, or trust documents that prove each party’s ownership share.
2. Choose Partition Type
You must specify whether you seek a physical division of the property (partition in kind) or a sale with division of proceeds. Courts favor in-kind partition when feasible, but they may order a sale if division would be impractical. See Mo. Rev. Stat. § 512.020.
3. Draft the Petition
Include the following details in your petition:
- Names and addresses of all co-owners
- Legal description and parcel ID of the property
- Summary of ownership interests
- Type of partition requested and reasons why
4. File in the Proper Court
File the petition in the circuit court of the county where the land sits. Pay the required filing fee. Fees vary by county; consult local court rules or the circuit clerk’s office.
5. Serve All Co-Owners
Serve each co-owner with a copy of the petition and a summons following Missouri Rules of Civil Procedure. Service may require certified mail, personal delivery, or service by a sheriff’s deputy.
6. Attend the Hearing and Commission Appointment
The court schedules a hearing to consider the petition. If the court orders a sale, it appoints a commissioner to handle appraisal, advertising, and sale under Mo. Rev. Stat. § 512.110.
7. Final Decree and Distribution
After the sale or completion of in-kind division, the commissioner submits a report. The court issues a final decree transferring deeds or distributing sale proceeds among co-owners according to their ownership percentages.
Helpful Hints
- Gather clear title documents and chain of ownership before you file.
- Explore mediation or negotiation to save time and costs.
- Obtain a recent survey to ensure fair physical division.
- Verify local court rules for filing procedures and fees.
- Consider consulting an attorney for complex title or boundary issues.