A partition action is a lawsuit brought by a co-owner of real property to end the co-ownership — either by physically dividing the land ("partition in kind") or, more commonly, by forcing a sale of the property and splitting the proceeds ("partition by sale"). It is the legal remedy co-owners use when they no longer want to own real estate together and cannot agree on what to do with it.
Partition disputes often grow out of inherited property, divorces, or failed co-investments, where people end up sharing title to land but no longer share a plan for it.
How a partition action works in Missouri
In Missouri, partition is governed by Chapter 528 RSMo. Any tenant in common or joint tenant generally has the right to seek partition — one unwilling co-owner cannot force the others to stay locked into shared ownership indefinitely. The co-owner who wants out files a petition in the circuit court of the county where the property sits, naming the other owners and describing each person's interest.
The court then decides how to divide the property. Missouri courts prefer partition in kind — physically splitting the land into separate parcels so each owner walks away with a piece — because it lets owners keep their actual interest in the real estate. But division in kind only works when the property can be fairly split without destroying its value. When it cannot — a single house, a small lot, or land that loses value if carved up — the court orders partition by sale, sells the property (often at a public sale), and divides the net proceeds among the co-owners according to their ownership shares. The court can also adjust those shares to account for things like one owner paying more than their share of taxes, repairs, or the mortgage.
Why it matters
Partition matters most to people who did not choose their co-owners. Heirs who inherit a family home together, ex-spouses still on the same deed after a divorce, and partners in a real-estate deal that fell apart can all find themselves stuck owning property with someone they cannot agree with. Because partition is generally available as a matter of right, it gives any one of those co-owners a way to unlock their equity and exit, even over the objection of the others. Understanding that this remedy exists — and that a court may order a sale rather than a clean physical split — helps co-owners weigh whether to negotiate a buyout, sell voluntarily, or let a judge decide.
Frequently Asked Questions
Can one co-owner force the sale of jointly owned property in Missouri?
Often, yes. A tenant in common or joint tenant generally has a right to partition under Chapter 528 RSMo. Courts prefer to divide land in kind, but when the property cannot be fairly divided, the court can order a partition by sale and split the proceeds — even if the other co-owners object.
What is the difference between partition in kind and partition by sale?
Partition in kind physically divides the land so each co-owner receives a separate parcel. Partition by sale sells the whole property and divides the money among the owners. Missouri courts favor partition in kind but order a sale when dividing the property would be impractical or would unfairly reduce its value.
Who can bring a partition action?
Generally, any co-owner who holds an interest as a tenant in common or joint tenant can file. This commonly includes heirs who inherited property together, former spouses who still share title after a divorce, and co-investors in real estate who can no longer agree on how to manage or dispose of the property.
Legal Disclaimer
This page provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Every situation depends on its own facts, deadlines, and documents; consult a qualified Missouri attorney before acting.