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Q: How to protect property from son's forced sale attempt in Missouri?
I, along with my husband, purchased a home using funds from selling our previous home. We mistakenly added our son and daughter-in-law to the deed to avoid probate. They have since divorced, and my daughter-in-law signed a quitclaim deed to remove her name. Now, our son is trying to force us to sell the house, which he did not purchase, and where we have paid all dues, taxes, and utilities. He retained a lawyer, and we are concerned about potential legal actions against us as we solely depend on our social security income. How can we protect our property and handle this situation legally?
A:
You cannot unilaterally block your son from forcing a partition sale once he holds an ownership interest alongside you, but you can control the outcome by taking one of two paths: negotiating a buy-out of his one-half interest or initiating your own partition action.
First, offer to purchase his share at fair market value—obtain a professional appraisal and present him with an offer to pay cash for his half. If he refuses, file a partition suit in the circuit court where the property lies, naming him as the co-owner; the court will then either divide the land (if feasible) or order it sold and divide the proceeds.
To protect your residence, request the court to allow you a credit against sale proceeds for improvements, taxes, and carrying costs you’ve borne, and ask for an appraisal of his share so you can tender payment instead of a forced sale. By moving first, you control timing and valuation rather than reacting to his suit, and you preserve the option to keep the home by buying him out instead of losing it at auction.
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