by admin | May 13, 2021 | Civil Procedure, Missouri
When parties claim the same share adversely, the court may determine the adverse claims or direct that the share be allotted, subject to the adverse claims.Mo. R. Civ. P. 96.10Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note-1981 This is substantially the same...
by admin | May 13, 2021 | Civil Procedure, Missouri
The court may order that any number of shares be set off together in one parcel and that the residue be divided among the other parties, according to their several rights.Mo. R. Civ. P. 96.09Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note-1981 This is...
by admin | May 13, 2021 | Civil Procedure, Missouri
The court shall determine the interests of the parties and order partition in kind or the sale of the land.Mo. R. Civ. P. 96.08Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note-1981 This is substantially the same as prior Rule 96.16.
by admin | May 13, 2021 | Civil Procedure, Missouri
No partition or sale of land devised by any last will shall be made under this Rule 96, contrary to the intention of the testator, expressed in any such will.Mo. R. Civ. P. 96.07Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note-1981 This is substantially the same...
by admin | May 13, 2021 | Civil Procedure, Missouri
Every person having an interest in the land, whether in possession or otherwise, shall be made a party to an action in partition.Mo. R. Civ. P. 96.06Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note-1981 This is substantially the same as prior Rule 96.06.
by admin | May 13, 2021 | Civil Procedure, Missouri
The petition shall contain the legal description of the land sought to be partitioned. It shall also set forth the names, rights and title of all persons interested therein. If a person, or the share or interest of a person is unknown, uncertain or contingent, or the...
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