Revisor Home

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 528

previous next Effective - 28 Aug 2019bottom

  528.730.  Interests not purchased by cotenants, options. — 1.  If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under section 528.725, or, if after conclusion of the buyout under section 528.725, a cotenant that has requested partition in kind remains, the court shall order partition in kind unless the court, after consideration of the factors listed in section 528.735, finds that partition in kind will result in great prejudice to the cotenants as a group.  In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

  2.  If the court does not order partition in kind under subsection 1 of this section, the court shall order partition by sale under section 528.740 or, if no cotenant requested partition by sale, the court shall dismiss the action.

  3.  If the court orders partition in kind under subsection 1 of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, shall make the partition in kind just and proportionate in value to the fractional interests held.

  4.  If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out under section 528.725, a part of the property representing the combined interests of these cotenants as determined by the court, and that part of the property shall remain undivided.

­­--------

(L. 2019 S.B. 83)


---- end of effective   28 Aug 2019 ----

use this link to bookmark section  528.730


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

Site changes Contact
Other Links
Oversight Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@01:24:46.6 37