Rule 96.06.Who Shall be Made Parties.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 96.06
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 96.06.
Plain-English Summary
Rule 96.06 states a broad and simple principle that runs through the whole chapter: partition affects title, and title cannot be settled without everyone who holds a piece of it being brought into the case. The rule requires that every person with an interest in the land be made a party, without regard to whether they currently possess or occupy the property.
That last phrase matters. A person does not have to be living on the land, farming it, or collecting rent from it to have an interest that must be represented in the lawsuit. A remainderman waiting for a life estate to end, a co-tenant who has never set foot on the property, or an owner of a fractional mineral interest all count as interested persons who belong in the case.
This rule works hand in hand with Rule 96.04’s more detailed parties provisions, which explain how to handle interests belonging to people not yet born and when the court must appoint counsel. Rule 96.06 supplies the baseline rule — everyone with a real stake gets joined — while Rule 96.04 fills in how to manage the harder cases of future and contingent interests. Together they aim at the same goal: a partition judgment that can be relied on because no one with a legitimate claim was left out.
Frequently Asked Questions
Does someone need to be living on the land to be a required party?
No. Rule 96.06 requires that every person with an interest be made a party, whether that interest includes possession or not.
What kinds of interests trigger this requirement?
Any real interest in the land counts, including future interests like remainders, that have not yet come into possession.
How does this rule relate to Rule 96.04?
Rule 96.06 states the general rule that every interested person must be joined, while Rule 96.04 provides the detailed mechanics for representing people not yet in being and appointing counsel when needed.
What happens if an interested person is left out of the suit?
The rule's purpose is to prevent that outcome, since a partition judgment is meant to bind and carry title against everyone with an interest in the land.
Does Rule 96.06 apply to co-tenants who never occupied the property?
Yes, an interest in title is what matters, not physical occupation or possession.