Legal Question in Real Estate Law in Missouri

Sale of Farm Partnership
Recently my uncle passed away leaving his third of the family farm to his son. His son, who does not live on the farm or have any day to day activity in the operation of the farm has decided he wants to sell the farm in order to collect his third of the money. My mother and her sister, the other 2/3 owners do not wish to sell, nor do they have the funds to buy the other 1/3.

Can my uncle's son force a sale when the other 2/3rds owners do not wish to sell?

Asked on 4/09/02, 3:15 pm

3 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

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Re: Sale of Farm Partnership

Your question does not state specifically exactly what interest was "left" to the son, or exactly how it was "left". If we assume that the decedent owned an undivided one-third interest in the entire real estate as a tenant in common, then I would believe that the son could file a lawsuit seeking a Court Order. The Court may Order the property divided so that the son could then try to sell his part of the farm, or the Court may Order that the property be sold and the proceeds divided between the three owners. On the other hand the subject line says something about a "farm partnership". Was there actually a partnership? If so, then the terms of the partnership agreement may very well control. As you may know, if the decedent owned the property as a joint tenant then he would own no interest to leave to his son since the surviving joint tenants would own the entire farm. I hope that this response has been helpful. If you are in need of legal services and are not already represented by legal counsel you may call me for a free telephone consultation at 314-727-2822.

Answered on 4/09/02, 10:24 pm

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Greg Snell Rice Rose & Snell

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Re: Sale of Farm Partnership

The son can force the sale of the farm through a partion action, so the other owners need to try to negotiate the matter out or they will face a forced sale.

Answered on 4/10/02, 7:17 am

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