When an execution is levied upon real estate, the sheriff levying the same shall divide such property, if susceptible of division, and sell so much thereof, as will be sufficient to satisfy such execution, unless the person whose property is levied upon desires the whole of any tract or lot of land to be sold together.
Rule 76.11.Execution on Real Estate--Amount to be Sold.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.11 requires a sheriff levying on real estate to divide the property, if it can be divided, and sell only enough to satisfy the execution, unless the debtor prefers to have the whole tract sold together.
Full Text of Rule 76.11
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 76.24.
Plain-English Summary
Execution sales of land carry real risk of overkill: a debtor might lose an entire farm or lot to satisfy a debt worth only a fraction of its value. Rule 76.11 guards against that by requiring the sheriff to divide real estate that can be divided, and to sell only as much of it as is needed to cover the execution.
The rule gives the debtor a say in this, too. If the debtor prefers to have an entire tract or lot sold together rather than split up, the sheriff will honor that preference. That flexibility recognizes that dividing land is not always in the debtor's interest — a partial sale can sometimes leave the debtor with an oddly shaped or less valuable remainder, and a debtor may prefer certainty over a piecemeal result.
The default, though, favors minimal intrusion: sell what is needed, not more, when the land can practically be divided.
Frequently Asked Questions
Must the sheriff always sell an entire tract of land under execution?
No. If the property is susceptible of division, the sheriff must divide it and sell only enough to satisfy the execution.
Can the debtor insist the whole tract be sold together instead?
Yes. If the debtor whose property is levied upon wants the whole tract or lot sold as one unit, the sheriff sells it that way.
What if the land cannot practically be divided?
The rule's division requirement applies only when the property is susceptible of division; land that cannot practically be split is sold as a whole.
Who decides whether land can be divided?
The sheriff conducting the sale makes that practical determination in carrying out the levy, guided by whether a partial sale can realistically satisfy the execution.
Why does the rule favor selling only part of the property?
Selling only as much land as needed protects the debtor from losing more property than necessary to satisfy the judgment.
Does this rule apply to personal property as well?
No. By its terms it addresses execution on real estate specifically.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: partial sale of real estatedivisible property saleexecution sale of landdebtor choice of whole tract sale