Published in Real Estate on July 21, 2025
Do you co-own a house, land, or family farm in Missouri—and now you’re stuck? Maybe you want to sell, but the other owner doesn’t. Maybe someone’s living there while you get nothing. If you’re at a standstill, Missouri law offers a way forward. It’s called a partition lawsuit, and it allows the court to divide or sell the property when co-owners can’t agree.
So, what is partition? Simply put, it’s a legal tool to split up property fairly. The court can divide the land into separate parts (called “partition in kind”) or sell the property and divide the money (called “partition by sale”). In most cases, especially with houses or smaller tracts of land, the court orders a sale because dividing fairly is too hard.
Who can file? Any co-owner can. You don’t need permission from the others. If your name is on the title, you have the right—unless there’s a life estate involved or a written agreement that says otherwise.
Here’s how the process works: You (or your lawyer) file a petition with the court in the county where the land sits. The other owners are officially notified and given a chance to respond. The court then decides whether to divide the land or sell it. If needed, the judge may bring in real estate experts to help. If the property is sold, the court oversees the sale and makes sure each co-owner gets their fair share of the money—adjusting for things like repairs or upkeep one owner may have paid for.
How long does this take? On average, six months to a year—but it depends. If the other owners fight it, or if experts are needed, expect delays. A smooth, uncontested case moves much faster.
What about cost? Filing fees run around $100. Attorney fees can be hourly or around 6% of the sale price. If commissioners are appointed, their fee is usually about 1% of the sale value. Most of these costs are paid out of the sale proceeds—but that means you’ll get less at the end. If someone drags out the process, the court can make them pay extra.
Special case: family farms. In 2021, Missouri passed the Save the Family Farm Act. It applies when relatives inherit farmland together. This law encourages splitting land instead of selling it, gives family members a chance to buy each other out, and slows down the sale process so families have time to sort things out. If you inherited land with siblings or cousins, this law could help keep the farm in the family—but it also adds complexity. Work with an attorney who understands the law.
The takeaway? Partition lawsuits are a powerful tool when co-owners can’t agree. They’re not quick or cheap—but they get results and give you a path forward.
Need help? We’re here. Call our office, and we’ll check for conflicts and schedule a consultation.