Title XXXVI — STATUTORY ACTIONS AND TORTS

528.530. Courts to allow attorney's fee and compensation for guardian ad litem. — The judge of the court in which any suit under this chapter may be brought shall allow a reasonable fee to the attorney or attorneys bringing the suit, and may in like manner make a reasonable allow…

528.540. Majority of commissioners may act. — A majority of the commissioners, in all cases, shall have power to act; and all sales made under the foregoing provisions shall be made by the sheriff of the county in which such lands, tenements or hereditaments, or any portion of th…

528.550. Order of sale may be had without the appointment of commissioners, when — special commissioner, duty and power of. — If, in any case, from the nature and amount of the property sought to be divided, and the number of the owners it shall be apparent to the court that the …

528.560. Court to order sale of lots, when. — In every case where the commissioners may divide any tract of land into lots, and lay out avenues, streets, lanes or alleys, as provided by section 528.270, the court may order the sale of such lots, if, in its opinion, the sale of th…

528.570. Special commissioner to execute and file bond with clerk. — Every special commissioner, appointed under the provisions of this chapter before entering upon the discharge of the duties of his office, shall file with the clerk of the court in which the suit for partition i…

528.580. Special commissioner to perform same duties as sheriff. — Every special commissioner appointed under the provisions of this chapter shall perform the same duties, and with like effect, as are enjoined by this chapter upon sheriffs; and in the performance of said duties h…

528.590. Sales, when and where made. — All sales of real estate by such commissioner, or any sheriff, shall be at the courthouse door, and in term time of the circuit court or county commission, as may be directed by the order of the court; provided, that in all cities in this st…

528.600. Note to be taken for deferred sums — form of — shall express what — bidder with interest in property. — 1. The sheriff or commissioner making a sale under the provisions of this chapter shall not take any negotiable notes in payment of deferred sums, but such notes shall…

528.610. Compensation of sheriff. — As a compensation for his services in making a sale of real estate under the provisions of this chapter by order of court for the purpose of partition, the sheriff shall receive a commission on the amount of sales not exceeding two percent on t…

528.620. Partition of personal property — proceedings in. — Any one or more of two or more joint owners of personal property may file a petition in the circuit court for a partition or a sale and partition of the proceeds thereof, in the same manner as suits may be instituted for…

528.630. Sale, how conducted. — Orders of sale, under judgments rendered by virtue of the provisions of sections 528.620 to 528.640, shall be executed in like manner as sales of personal property under execution, and the officer to whom such orders are directed shall have the sam…

528.640. Suits to be tried, when. — All suits brought under the provisions of sections 528.620 and 528.630 shall be tried at the return term of the court, unless continued for cause. ­­-------- (RSMo 1939 § 1772) Prior revisions: 1929 § 1608; 1919 § 2056; 1909 § 2621

528.700. Citation of law — definitions. — 1. The provisions of sections 528.700 to 528.750 shall be known and may be cited as the "Save the Family Farm Act". 2. For purposes of sections 528.700 to 528.750, the following terms and phrases shall mean: (1) "Ascendant", an individual…

528.705. Applicability to partition actions. — 1. Sections 528.700 to 528.750 shall apply to partition actions filed on or after August 28, 2019. 2. In an action to partition real property under this chapter, the court shall determine whether the property is heirs' property. If t…

528.710. Complaint, act not to limit method of service — posting of sign on property, when. — 1. Sections 528.700 to 528.750 shall not limit or affect the method by which service of a complaint in a partition action may be made. 2. If the plaintiff in a partition action seeks an …

[Repealed or reserved.]

528.720. Heir's property, procedure. — 1. Except as otherwise provided in subsections 2 and 3 of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property b…

528.725. Cotenants, notice requirements, procedure. — 1. If any cotenant has requested partition by sale after the determination of value under section 528.720, the court shall send notice to the parties that any cotenant, except a cotenant that requested partition by sale, may b…

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 request…

528.735. Partition in-kind, prejudice to cotenants as a group, remedy. — 1. In determining, under subsection 1 of section 528.730, whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the heirs'…

528.740. Sale of heir's property, requirements. — 1. If the court orders a sale of heirs' property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotena…

528.745. Broker to file report, when, contents. — 1. Unless required to do so within a shorter time by supreme court rule 96, a broker appointed under subsection 2 of section 528.740 to offer heirs' property for open-market sale shall file a report with the court no later than se…

528.750. Construction of act, promotion of uniformity of law to be considered. — In applying and construing sections 528.700 to 528.750, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such subst…