8.14 Respective Interests of Parties in Property

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

2. (§8.14) Respective Interests of Parties in Property

To divide the property or its proceeds, the court must determine the parties' respective interests in the property. Missouri courts have generally recognized a rebuttable presumption that tenants in common hold equal interests. See:

· Clark v. Dady, 131 S.W.3d 382, 388–89 (Mo. App. W.D. 2004)

· Estate of Wilson, 740 S.W.2d 694, 697 (Mo. App. E.D. 1987)

· Cmty. Bank of Chillicothe, Mo. v. Campbell, 870 S.W.2d 838, 841 (Mo. App. W.D. 1993)

This presumption may be rebutted upon a showing of unequal contributions toward the acquisition of the property made without donative intent, Montgomery v. Roberts, 714 S.W.2d 234, 236 (Mo. App. E.D. 1986), or of an

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