☰ Revisor of Missouri


Chapter 528

< > Effective - 28 Aug 1939    bottom

  528.030.  Partition, suit for, by whom brought, how determined. — In all cases where lands, tenements or hereditaments are held in joint tenancy, tenancy in common, or coparcenary, including estates in fee, for life, or for years, tenancy by the curtesy and in dower, it shall be lawful for any one or more of the parties interested therein, whether adults or minors, to file a petition in the circuit court of the proper county, asking for the admeasurement and setting off of any dower interest therein, if any, and for the partition of the remainder, if the same can be done without great prejudice to the parties in interest; and if not, then for a sale of the premises, and a division of the proceeds thereof among all of the parties, according to their respective rights and interests.


(RSMo 1939 § 1709)

Prior revisions: 1929 § 1545; 1919 § 1995; 1909 § 2559

(1978) Joint tenants have an absolute right of partition and fact that title was in joint tenancy with right of survivorship was not in itself an implication of an agreement not to partition.  Stout v. Stout (A.), 564 S.W.2d 89.

---- end of effective  28 Aug 1939 ----

use this link to bookmark section  528.030

Effective dates prior to 1940 may not be the actual effective date. See FAQ 'When do laws become effective?'

Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Missouri Senate
State of Missouri
Missouri House