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Rule 96.32.Partition of Personal Property.

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

In one sentenceRule 96.32 extends the right to partition to owners of interests in personal property held in joint tenancy or tenancy in common, applying the same partition procedures used for land, as near as may be.

Full Text of Rule 96.32

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Owners of interests in personal property in joint tenancy or tenancy in common, including estates in fee, for life or for years, may bring an action for partition in kind or by sale and division of the proceeds thereof. The procedure shall be the same, as near as may be, to that provided in this Rule 96 for partition of land.

Amendment History

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

Official Comment

This is new. Compare: Prior Rule 96.60.

Plain-English Summary

Rule 96.32 closes out the chapter by extending everything Rule 96 sets up for land to personal property as well. Owners of interests in personal property held in joint tenancy or tenancy in common — again including estates in fee, for life, or for years — may bring an action for partition in kind or for a sale with division of the proceeds, mirroring the structure Rule 96.01 establishes for real property.

Instead of writing out a whole separate set of procedures for dividing jointly owned personal property, the rule directs that the same procedure apply, as near as may be, to that used for partitioning land. This means the petition requirements, parties rules, commissioner process, sale procedures, and distribution rules found throughout the rest of Rule 96 all carry over to personal property cases, adapted as needed to fit property that is not real estate.

The phrase "as near as may be" acknowledges that not every land-specific detail translates perfectly to personal property — there is no county recording requirement for a piece of furniture or a herd of livestock, for instance — but the overall framework of determining interests, dividing or selling, and distributing proceeds according to ownership shares applies just the same. This provision means co-owners of valuable personal property who cannot agree on how to handle it are not left without a remedy merely because the property is not land.

Frequently Asked Questions

Does Rule 96 apply only to real estate?

No, Rule 96.32 extends partition to personal property owned in joint tenancy or tenancy in common as well.

What kinds of personal property interests qualify?

Interests in fee, for life, or for years, held in joint tenancy or tenancy in common, following the same categories used for land under Rule 96.01.

What procedure applies to a personal property partition?

The same procedure used for partition of land applies, as near as may be.

Can a personal property partition result in a sale instead of a physical division?

Yes, the rule allows partition in kind or by sale and division of the proceeds, just as with land.

Why does the rule say the land procedures apply only 'as near as may be'?

Because some land-specific requirements, such as county recording, do not translate directly to personal property, so the procedures apply with whatever adaptation the type of property requires.

Does this rule create separate petition or parties requirements for personal property?

No, it relies on the same petition, parties, and other requirements set out earlier in Rule 96 for land.

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: partition of personal property Missourico-owned personal property divisionpartition personal property procedurejoint tenancy personal property split