Section 7 Statutes and Rules

LibraryReal Estate Fundamentals 2011

Chapter 528, RSMo, and Rule 96 set forth the procedures and standards for judicial partition. The provisions of Chapter 528 trace their origin to Missouri’s earliest statutes. Rule 96, by contrast, was adopted in 1980 and became effective the following year. Rule 96 largely tracks the language in Chapter 528. In case of conflict between the two, Rule 96 supersedes the statutes. Rule 41.02.

Both Chapter 528 and Rule 96 allow for certain parties to bring suit for the partition of real or personal property. The...

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