A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
A Missouri Complaint for Partition of Real Property is a legal document that initiates a lawsuit seeking the division or sale of jointly-owned real estate among co-owners who cannot agree on its disposition. This complaint is filed with the appropriate court by one co-owner (plaintiff) against the other co-owners (defendants) to facilitate the fair distribution of property rights or monetary compensation. Keywords: Missouri Complaint, Partition of Real Property, lawsuit, jointly-owned, co-owners, division, sale, disposition, court, plaintiff, defendants, property rights, monetary compensation. In Missouri, there are two types of Complaint for Partition of Real Property: 1. Complaint for Partition by Sale: This type of complaint is filed when the co-owners cannot agree on how to divide the property and wish to sell it. The plaintiff seeks the court's intervention to force the sale of the property and distribute the proceeds equitably among the co-owners. 2. Complaint for Partition in Kind: This complaint is filed when the co-owners desire a physical division of the property. The plaintiff asks the court to allocate specific portions of the property to each co-owner, ensuring equal value and proportionate distribution. However, partition in kind is not always feasible, especially if the property is indivisible or disproportionate in value. It is essential to note that a Complaint for Partition of Real Property can be a complex legal process requiring the assistance of an experienced attorney. The attorney will guide the plaintiff through the necessary steps, including filing the complaint, serving the defendants, attending court hearings, and ultimately reaching a resolution that caters to the best interests of all parties involved. Keywords: Complaint for Partition by Sale, Complaint for Partition in Kind, complex legal process, attorney, filing, serving, defendants, court hearings, resolution, best interests.
