8.2 Property Subject to Partition

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

II. (§8.2) Property Subject to Partition

Historically, partition referred only to the division of land. Gudgell v. Mead, 8 Mo. 53, 54–55 (1843). Today, however, both real and personal property can be partitioned. Rules 96.01 and 96.32. The process of partition is generally the same for both real and personal property.

The primary requirement for partition is that the property be subject to concurrent estates (i.e., subject to an estate held by cotenants). See Gray v. Clements, 227 S.W. 111, 112 (Mo. 1920). Tenants in common, joint tenants, and, presumably, tenants by the entirety can voluntarily partition their property. See Cave v. Wells, 5 S.W.2d 636, 640–41 (Mo. 1928) (discussing the requirement of cotenancy for voluntary partition); see also Ronollo v. Jacobs, 775 S.W.2d...