8.11 Parties

• Library: Real Estate Practice Deskbook (2019 Ed.)

E. (§8.11) Parties

Rule 96.01 provides, "Owners of interests in land in joint tenancy or tenancy in common, including estates in fee, for life, or for years, may bring an action for partition . . . ." Cotenants may bring such an action whether the cotenancy is a present, possessory estate or a future interest. Gray v. Clements, 227 S.W. 111, 112 (Mo. 1920). The estates held in cotenancy may be legal estates or equitable in nature. Martin v. Martin, 157 S.W. 575, 577 (Mo. 1913). Tenants by the entirety are not authorized to sue in partition. Rule 96.01.

A party must have a justiciable interest in the property to maintain a partition suit. If a party has had no interest in the property or if the party's interest has been terminated, partition will not lie. In Trenholm v. Trenholm, 701 S.W.2d 209 (Mo...