When Co-Owners Cannot Agree, You Still Have Options
Inherited land with siblings. A house bought with a partner. Family property that no one agrees on. When co-owners cannot settle on how to use or sell real estate, a partition action lets a court divide the property or order it sold. Bruce helps you protect your share of the asset, whether you want to start the case or someone else already did.
Bruce Galloway is involved in every partition matter, giving each client focused, experienced attention from an attorney with over three decades of practice in Missouri.
- Practicing family and estate law in Missouri since 1996
- Washington University School of Law graduate
- Member, Springfield Metropolitan Bar Association
- Member, Christian County Bar Association
- Serving Ozark, Springfield, Nixa, Branson & all of Southwest Missouri
What a Partition Action Does
A partition action is a court case that ends a co-ownership deadlock. The court steps in when the owners cannot resolve it themselves.
Divide the Property
When land can be split fairly, the court can divide it into separate parcels so each owner receives a share.
Order a Sale
When the property cannot be divided without losing value, such as a single home, the court can order a sale.
Divide the Proceeds
After a sale, the money is divided among the owners according to their ownership interests.
Settle Disputes Over Shares
Owners do not always hold equal shares. The court determines who owns what, so your interest is counted correctly.
Break a Deadlock
Any co-owner can generally ask for partition, which means one owner cannot hold the property hostage.
Protect Your Share
Whether you want out or want to keep the property, we make sure your ownership interest is accounted for.
When Co-Owners Need a Partition Attorney
Partition disputes show up in every kind of family and ownership situation.
Siblings and Heirs Who Inherited Together
One heir wants to sell, another wants to keep the family property, and no one can agree. This is the most common source of partition cases.
Unmarried Partners
A couple buys a home together and later separates. Missouri's divorce process does not apply, so partition may be the path to resolve the property.
Family Land
Farms, acreage, and lake property passed down through generations often end up with many owners and many opinions.
Friends and Relatives Who Bought Together
Co-buyers can find themselves stuck when one wants out and the others do not.
Owners Who Received a Partition Petition
If someone has already filed against you, we help you respond and protect your interest in the property.
Is Partition Right for You?
Partition is a strong tool, but it is a last resort. Most owners get a better result when they settle. A court-ordered sale can bring less than a negotiated sale and adds costs. We look at buyouts, agreed sales, and mediation first, and we file when talks stall.
What We Handle
We focus on partition of residential property, land, and family real estate. If your property is tied to a business or involves complex commercial assets, tell us at the start of your consultation so we can confirm we are the right fit.
What Partition Does Not Cover
If you are going through a divorce, the court divides marital property in the divorce case, not through partition. We can tell you which process applies to you.
Prevent the Problem for Your Own Family
A clear will or revocable living trust can keep your heirs from becoming deadlocked co-owners. Ask Bruce about planning ahead.
Ready to Protect Your Ownership?
Schedule a consultation at our Southwest Missouri office and take the first step toward resolving your co-ownership dispute.
Frequently Asked Questions
What is a partition action in Missouri?
A partition action is a court case that divides jointly owned real estate when the co-owners cannot agree on what to do with it. The court either splits the property into separate shares or orders it sold and divides the money among the owners. Any co-owner can generally start the case.
Can one co-owner force the sale of jointly owned property in Missouri?
In many cases, yes. A co-owner can generally ask the court for partition even if the other owners object. If the property cannot be divided fairly, the court can order it sold. The outcome depends on who owns what and how the property is titled.
What is the difference between partition in kind and partition by sale?
Partition in kind divides the land into separate parcels, one for each owner. It works best for large tracts that can be split fairly. Partition by sale puts the property on the market and divides the proceeds among the owners. Courts often order a sale when the property is a single home or a parcel that cannot be divided without losing value.
How is the money divided after a partition sale?
After a sale, the proceeds typically pay the costs of the case and the sale, along with any mortgage or liens, first. The remaining money is divided among the owners according to their ownership shares. Shares are not always equal, so we review your deed and the history of the property to protect your fair share.
My siblings and I inherited property and one of us wants to sell. What are our options?
You have several. The owners can agree on a sale, one owner can buy out the others, or you can keep the property and set ground rules for its use and costs. If you cannot agree, any co-owner can ask a court to order partition. We start by helping you negotiate a resolution, because settling often costs less and gives you more control than a court-ordered sale.
How long does a partition case take?
It depends on whether the co-owners agree, how many owners are involved, and the court's schedule. Cases where everyone agrees to a sale or a buyout move much faster than cases where owners dispute their shares. We give you a realistic timeline at your consultation after we review the property and the parties.
How much does a partition case cost?
The cost depends on the number of owners, whether they agree, and whether the case goes to a sale. Court costs and attorney fees may come out of the sale proceeds or be shared among the owners, depending on the case. We review your situation and explain our fees at your consultation so you know what to expect before you decide.