Partition lawsuits occur most often in two situations. The first is among multiple individuals who have inherited property; the second is nonmarried couples who purchased a home together and have now ended their romantic relationship. Partition basically means to separate the ownership. Our attorneys generally attempt to negotiate with the other owners to try and reach a settlement. If a settlement cannot be reached, however, a partition suit forces the sale of the property and determines how the proceeds will be divided.
Attorney’s Fees In A Partition Suit
Chapter 528 of the Missouri Revised Statutes provides the authority to file a partition suit and force the sale of the property. The attorney’s fees for the individual who filed the partition lawsuit are generally paid out of the proceeds from the sale of the property before the proceeds are divided — so there is a benefit to being the first to file as the attorney’s fees are divided among all the owners. A partition suit is proper when there is no dispute as to ownership. If there is a dispute, a quiet title lawsuit may be necessary.