George owns a duplex in Kansas City, Missouri as his primary residence, occupying one unit and renting the other. George dies, and his will leaves 'all my real property' to his son Henry and his daughter Iris in equal shares, but does not specify the type of co-ownership. Henry and Iris agree to sell the duplex, but Iris later changes her mind and refuses to sign the closing documents. Henry wants to force the sale. Which Missouri legal remedy is most appropriate for Henry to pursue?
Correct Answer
B) Henry should petition a Missouri court for a partition action to force either a physical division or a court-ordered sale of the property.
Because George's will did not specify the type of co-ownership, Henry and Iris hold the duplex as tenants in common (Missouri's default co-ownership form under RSMo § 442.025). As tenants in common, neither can force the other to sell their interest. However, Missouri law provides the remedy of partition, which allows any co-tenant to petition a court to either physically divide the property (partition in kind) or, when physical division is impractical (as with a duplex), order a sale of the property and divide the proceeds among the co-owners. Partition is the correct and well-established remedy for this situation under Missouri law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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