528.040. Suit, where brought. — Such petition shall be filed in the circuit court of the county in which such lands, tenements or hereditaments lie; but if the same shall lie in two or more counties, whether in detached parcels or otherwise, said petition shall be filed in the circuit court of the county in which any portion of such premises is situate, and a majority of the parties entitled thereto reside; and in case a majority of said parties do not reside in any such county, or all of them are nonresidents of the state, the proceedings for partition shall be had in the circuit court of that county in which an equal or greater part of such premises may be.
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 1964–2026 · leading case:
Lochhaas v. Burnett, 77 S.W.3d 12 (Mo. Ct. App. 2002).
Lochhaas v. Burnett, 77 S.W.3d 12 (Mo. Ct. App. 2002).
· cites it 9× “He alleges that under section 528.040 RSMo 2000, venue for actions relating to real estate is in the county where such real estate is located; or if there are two parcels, where the larger is located, which Burnett alleges is in Jefferson County.”
Parks v. Rapp, 907 S.W.2d 286 (Mo. Ct. App. 1995).
· cites it 11× “Clair County land are part of a single tract, the majority of which lies in Bates County, citing section 528.040, RSMo 1994. 1 In light of this ruling, the trial court transferred Mr.”
City of Kansas City v. Telester Ameena Powell, 451 S.W.3d 724 (Mo. Ct. App. 2014).
· cites it 2× “Powell suggests that, because the commissioners appointed in her case were also appointed in other condemnation actions before the same judge and in connection with the same project, they were not disinterested as is required by section 528.040. We disagree. “[T]he decree or…”
Buschmeyer v. Eikermann, 378 S.W.2d 468 (Mo. 1964).
· cites it 2× “Plaintiffs contend the trial court erred in dismissing count 3 because, they say, under the provisions of Section 528.040 and Civil Rule 96.04 the Circuit Court of Gasconade County had jurisdiction to partition the land located in Osage County.”
Hughes v. Wilson, 733 S.W.2d 36 (Mo. Ct. App. 1987).
· cites it 2× “) Section 528.040 requires a partition suit to be brought in the circuit court of the county where the land is located.”
Joanne Puetz-Anderson v. Gerald B. Puetz, 629 S.W.3d 95 (Mo. Ct. App. 2021).
· cites it 5× “Louis County was improper under section 528.040 RSMo. 2016. 4 At a hearing on the motion, Appellants withdrew their motion to transfer venue and the trial court denied the motion to dismiss.”
Hanor v. Hanor, No. 1:21-cv-00034 (E.D. Mo. Sept. 22, 2023).
· cites it 4× “” Mo. Rev. Stat. § 528.040 . Defendant argues that general principles of statutory construction require that the partition action be heard in state court.”
Faron, No. 4:25-cv-00869 (E.D. Mo. May 1, 2026).
“§ 528.040). But the Court cannot interpret that statute as a jurisdiction-stripping provision, not least because such a reading would render the statute 1 A federal court may exercise jurisdiction over cases where there is complete diversity between the parties and the amount in…”
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