§ 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.

Legislative History

(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.