Dealing with a Co‑owner Heir Who Refuses to Move Out or Sell — Missouri

Disclaimer: This is general information only and not legal advice. Consult a licensed Missouri attorney about your specific situation before taking action.

Detailed Answer

If you inherit real estate in Missouri together with another person who then lives on the property and refuses to move or to agree to sell, the law gives several paths to resolve the dispute. Which path works best depends on whether the occupant is a legal co‑owner (an heir or devisee with title), a tenant, or someone else occupying the home.

1) Confirm ownership and the occupant’s legal status

First, determine how title is held. If the deceased’s estate has been probated and the property was transferred to heirs (or if title shows the occupant as an owner), the occupant is likely a co‑owner (tenant in common or joint tenant). Co‑owners cannot generally be forcibly evicted by self‑help — you must use court procedures. If the occupant has no ownership interest (a tenant or squatter), different eviction procedures apply.

2) Negotiate a voluntary buyout or sale

Courts prefer parties settle. Common options:

One co‑owner buys the other’s share for fair market value.
Co‑owners agree to list and sell the property and split proceeds according to ownership shares.
One owner rents the property and pays the other their share of rent or profits.

Get any agreement in writing and record it appropriately.

3) File a partition action in court

If negotiation fails, Missouri law allows a co‑owner to ask the court for partition — a court‑supervised division or sale of the property. The key statute is Missouri’s partition law (Chapter 512). The court can:

Order a partition in kind (physically divide property) if practicable;
Order a sale and divide the proceeds among the owners by share if a division in kind is impractical;
Determine and allocate costs, possible allowances for improvements, and who receives rents and profits during the action.

See Missouri’s partition statutes: RSMo Chapter 512 (Partition).

What to expect in a partition case

Filing a partition action typically starts in the circuit court where the property is located. The process usually includes pleadings, service on all owners and interested parties, possible appraisal, and a hearing. If the court orders a sale, the property can be sold at public auction or under court‑approved terms and proceeds distributed.

The occupant who is a co‑owner may remain in possession during the litigation unless the court orders otherwise. However, the court can award rents and profits to the owner(s) entitled to them, and it can set conditions to protect property value.

Other remedies and risks

If the occupant is not an owner (e.g., a month‑to‑month tenant or a squatter), you may use landlord‑tenant or forcible detainer procedures to remove them. Those procedures differ from partition actions.
Never use self‑help (changing locks, threatening removal, or removing belongings). Self‑help can lead to criminal or civil liability in Missouri.
Partition actions take time and money. Court costs, attorney fees, appraisal, and sale expenses reduce net proceeds. Expect months to over a year in many cases.
If the property is still part of an open probate estate, the executor or administrator may have authority under the will or court supervision to sell estate property; consult probate rules or an estate attorney.

How proceeds and possession are resolved

When the court orders a sale, proceeds are distributed according to each party’s legal share of ownership. The court can account for unequal contributions, advances, or improvements if evidence supports adjustments. If one co‑owner was in exclusive possession and generated income from the property, the court can account for rents or profits.

Practical considerations

Before filing suit, gather documents: the deed, the will or probate paperwork (if any), death certificate, mortgage and tax statements, evidence of who paid expenses and made improvements, and any written communications about ownership or possession. These records help the court decide fair division.

Helpful Hints

Don’t attempt self‑help eviction. It can be illegal and worsen the case.
Start by confirming title at the county recorder’s office or online property records to see ownership shares and encumbrances.
Attempt negotiation and mediation. Courts often encourage settlement and mediation before contested litigation.
Consider whether buying the occupant out makes financial sense versus the cost and delay of court action.
Get a written demand letter from a Missouri attorney before filing suit — it can prompt a resolution and documents will help your case if it goes to court.
When you file a partition action, be prepared for appraisal and sale costs; these reduce net proceeds.
If the property is part of an open probate estate, talk to the executor/administrator about the executor’s authority to sell under probate rules.
Ask an attorney about possible claims for rents and profits if the occupant has been collecting rent or otherwise benefiting from exclusive possession.

Relevant Missouri statutes and resources:

RSMo Chapter 512 — Partition (procedures and remedies for dividing or selling jointly owned real estate).
Missouri’s probate and intestate succession rules affect who holds title after death; consult the Missouri Revisor and a probate attorney for the statutes applicable to your estate situation: Missouri Revised Statutes (Revisor of Statutes).

If an immediate solution is necessary or the occupant’s conduct harms the property, contact a Missouri attorney experienced in probate or real estate litigation right away. They can review ownership documents, advise whether a partition action or another remedy fits, and help protect your rights through negotiation or court proceedings.

Final reminder: This article explains general legal principles under Missouri law and is not legal advice. For advice tailored to your case, consult a licensed Missouri attorney.