Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific circumstances.
Detailed Answer
1. Prepare and File the Partition Petition (RSMo §512.010)
Under Missouri law, any co-owner of real property may initiate a partition action by filing a petition in the circuit court of the county where the land is located. The petition must:
- Identify all parties with an ownership interest.
- Describe the property with sufficient detail (metes and bounds or legal description).
- State the type of partition sought (in kind or by sale).
- Pray for appointment of a commissioner to execute the partition.
Reference: RSMo §512.010.
2. Serve Notice on All Interested Parties
After filing, you must serve each co-owner with a copy of the petition and summons. Service follows the standard rules under RSMo Chapters 506–507. If a party cannot be located, the court may allow publication notice.
3. Consent by All Owners (Optional)
If every owner agrees to the partition, you may file a joint petition signed by all parties. When full consent exists, the court often expedites the matter, and there is no need for contested proceedings. However, the court must still appoint a commissioner.
4. Appointment of a Court-Commissioner (RSMo §512.020)
Once the petition is uncontested or after any hearing, the court will appoint one or more disinterested commissioners to:
- Survey the property.
- Determine value and propose a division.
- Handle sale and distribution of proceeds if an in-kind partition is impracticable.
- Report back to the court.
Reference: RSMo §512.020.
5. Commissioner’s Proceedings and Report (RSMo §512.040)
The commissioner must give notice to interested parties before any on-site inspection or sale. After completing the partition or sale, the commissioner submits a written report detailing the division or sale price and proposed distribution of proceeds. Parties may file objections.
Reference: RSMo §512.040.
6. Final Decree of Partition
After reviewing the commissioner’s report and any objections, the court issues a final decree. This decree:
- Confirms the division of parcels or sale.
- Directs transfer of titles or distribution of sale proceeds.
- Allocates costs and fees.
7. Recording and Transfer
Record the final decree and deed or vesting order in the county recorder’s office. This completes the partition and ensures clear title for each party.
Helpful Hints
- Hire a surveyor early to prepare accurate legal descriptions.
- Share your petition draft with co-owners to explore informal agreements before filing.
- Request a single commissioner if parties trust the same neutral person.
- Keep thorough records of service and publication notices.
- Review RSMo Chapter 512 for deadlines and procedural details.
- Consult an attorney for complex title issues or disagreements.