8.4 Partition by Deed

LibraryReal Estate Practice Deskbook (2019 Ed.)

A. (§8.4) Partition by Deed

The normal method for accomplishing a voluntary partition is the mutual exchange of deeds conveying to each cotenant all other interests in a particular portion of the property. Missouri courts consistently have recognized the ability of cotenants to partition their property through mutual conveyance. Acord v. Beaty, 148 S.W. 901, 902 (Mo. 1912).

Many older cases, however, have also imposed a peculiar limitation on the effectiveness of these deeds. These cases consistently held...

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