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Rule 96.20.Where Sale Shall be Held.

Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026

In one sentenceRule 96.20 fixes where a partition sale is held: the single county holding the land, any county touching contiguous land spanning several counties, or a county the court designates when the land lies in separate, non-contiguous tracts.

Full Text of Rule 96.20

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If the land is located in only one county the sale of the land shall be held in that county. If the lands are located in more than one county but are contiguous, the sale of the land shall be held in any county where any part of the land is located. If the land is located in more than one county but in separate tracts, the sale or sales shall be held in the county or counties in which any of the land is located which the court designates.

Amendment History

Adopted June 5, 1980, eff. Jan. 1, 1981.

Official Comment

This is new. Compare: Prior Rule 96.37.

Plain-English Summary

Rule 96.20 answers a logistical question that becomes important whenever partitioned land does not sit neatly inside one county: where does the actual sale take place? The rule provides three scenarios, each with its own answer.

If the land is located entirely within one county, the sale must be held in that county. There is no ambiguity in the simplest case.

If the land spans more than one county but the parcels are contiguous — meaning they form one connected piece of property even though a county line runs through it — the sale may be held in any county where part of the land is located. This gives flexibility for property that functions as a single tract despite crossing a county boundary.

The third scenario covers land located in more than one county but in separate, non-contiguous tracts. Here, the rule does not leave the choice to convenience or habit; instead, the sale or sales must be held in whichever county or counties among those touched by the land the court designates. This gives the court control over where geographically scattered tracts get sold, ensuring the process fits the specific facts of each case instead of defaulting to a single fixed rule.

Frequently Asked Questions

Where is a partition sale held if the land is in only one county?

The sale must be held in that county.

What if the land spans multiple counties but is one contiguous piece?

The sale may be held in any county where part of the land is located.

What if the land consists of separate tracts in different counties?

The sale or sales are held in the county or counties among those touched by the land that the court designates.

Who decides where separate, non-contiguous tracts get sold?

The court makes that designation.

Does this rule address the timing or notice of the sale?

No, timing and notice are addressed separately in Rule 96.19 and Rule 96.21.

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: where partition sale heldsale location multiple countiescontiguous land partition saleseparate tracts partition sale location