Rule 96.29 – Proceeds of Partition Sale Subject to Debts of Estate

May 13, 2021 | Civil Procedure, Missouri

Upon judgment of partition in proceedings commenced under this Rule 96, where the land or any portion thereof, sought to be divided as hereinbefore directed, shall have descended to any of the parties in interest, and the court shall not be satisfied either that the estate from which the same has descended has been finally settled, and all claims against the same fully discharged, or that the personal property, or other real property not already partitioned, belonging to such estate, is more than sufficient to pay all claims and demands against the same, the order of distribution shall not apply to nor take effect upon any land allotted or the share of the proceeds of any sale adjudged to the parties whose interests shall have so descended until such estate shall have been finally settled and all claims against the same fully discharged. Until such final settlement, the interest of all parties in such land or in the proceeds of sale in cases where sale has been ordered, shall remain and be subject to the claims against the same.

Mo. R. Civ. P. 96.29

Adopted June 5, 1980, eff. Jan. 1, 1981.

Committee Note-1981

This is substantially the same as prior Rule 96.14.