§ 872.040.Compliance With Laws Regulations Ordinances Governing Division Sale Or Transfer of Property
Title 10.5. Partition of Real and Personal Property · Chapter 1. General Provisions · Article 1. Preliminary Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
Full Text of § 872.040
Plain-English Summary
A partition judgment resolves the dispute between co-owners, but it doesn't clear away every other legal requirement that might apply to the property. This section makes that point explicit: complying with this title's procedures for dividing, selling, or transferring property doesn't excuse compliance with any other law, regulation, or ordinance that separately governs that same division, sale, or transfer.
In practice, that means local subdivision ordinances, zoning requirements, or other land-use rules keep applying to a partition in kind just as they would to any other division of real property. A court ordering partition under § 872.810 or a sale under § 872.820 isn't granting an exemption from those independent requirements -- the parties and any referee involved still have to satisfy them.
Frequently Asked Questions
Does a court order dividing property under this title override local zoning or subdivision rules?
No. Section 872.040 makes clear that nothing in this title excuses compliance with other applicable laws, regulations, or ordinances governing division, sale, or transfer of property.
Who has to comply with those other laws when property is partitioned?
The statute doesn't single anyone out -- it preserves the independent force of those other laws for whoever is dividing, selling, or transferring the property under a partition judgment.
Amendment History
Added by Stats. 1976, Ch. 73.