Unless the court otherwise orders, the land may be sold in separate tracts or as a whole.
Rule 96.23.Land May be Sold in Parcels--When.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 96.23 lets the court sell partitioned land either as separate tracts or as a single whole, whichever produces the better outcome for the owners, unless the court orders a specific approach in a given case.
Full Text of Rule 96.23
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rule 96.89.
Plain-English Summary
Rule 96.23 gives flexibility in how a partition sale is structured once the court has decided property must be sold instead of divided in kind. Absent a contrary order, land subject to a partition sale may be sold in separate tracts or as a single whole.
This flexibility can matter a great deal to the value the sale generates. Sometimes breaking a larger property into smaller tracts attracts more bidders and produces a higher total price, since buyers who cannot afford or do not want the entire property can still bid on a portion. Other times, keeping the property intact as one sale unit better preserves its value, particularly where the land functions best as a single parcel.
The rule leaves the default choice open, allowing the sale to proceed as separate tracts or as a whole depending on what makes sense for the specific property, while still permitting the court to order a different approach if the circumstances call for it. This provision works alongside the broader sale-location rules in Rule 96.20, which already account for land situated in multiple, possibly separate, tracts.
Frequently Asked Questions
Must partitioned land be sold as a single whole?
No, unless the court orders otherwise, the land may be sold in separate tracts or as a whole.
Who decides whether to sell in tracts or as a whole?
The default allows either approach, but the court retains authority to order a specific method if circumstances call for it.
Why might selling in separate tracts produce a better outcome?
Breaking the property into smaller tracts can attract more bidders who might not want or afford the entire property.
Why might selling as a whole make more sense in some cases?
Keeping the property intact can preserve value where the land functions best as a single connected parcel.
Does this rule apply differently to land located in separate tracts across counties?
It works alongside Rule 96.20, which already addresses sale locations for land situated in separate tracts across different counties.
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: selling land in tractspartition sale as a wholeseparate parcels sale optionhow partition land is sold