Missouri Partition Action

A Guide to Property Division and the Missouri Partition Action

A Missouri partition action is a legal remedy for co-owners’ disagreements over the property’s future. According to the law, any co-owner can file a petition with the court to separate the property in any way they choose. Chapter 528 ensures that no co-owner is unwillingly kept in a partnership.

How Missouri Courts Handle Land Division

Missouri law usually favors physical splitting of land, but the court must consider the realities of each situation. The main question is whether a physical split would be unfair or result in a loss of value for the owners.

The Sale Process and Court Oversight

In cities or for single-family homes, a physical split is rarely an option. Instead, the court will order the property sold. A Missouri partition action often involves picking neutral commissioners to view the land. If they find a split won’t work, the Sheriff handles a public sale to turn the property into cash.

Protecting Heirs and Family Farms

If a member starts a Missouri partition action on family land, the law gives relatives a chance to buy out that person’s share first. This prevents outside investors from forcing a sale that would take away family land.

Financial Adjustments and Ownership Equity

The court does not just split money based on names on the deed. During a Missouri partition action, the judge considers who paid for what while everyone owned the property together. This ensures the final payout reflects actual money spent on upkeep and taxes rather than just the starting ownership split.

Mortgages and the Missouri Deed of Trust

Missouri is considered a Title Theory state where a Deed of Trust secures your mortgage. A trustee holds a legal title on behalf of the lender until the loan is completely paid. The court handles mortgage debts by settling them out of the sale proceeds first. This process is done before the co-owners receive their part of the equity.

If you find yourself in a deadlock regarding real estate in Missouri, the law empowers you to split the property. Connect with Partition Action today to seek advice on the legal options available in your locality.