Mo. Rev. Stat. » Chapter 528
Missouri Revised Statutes

Mo. Rev. Stat. § 528.530 (2026)

Courts to allow attorney's fee and compensation for guardian ad litem

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  528.530.  Courts to allow attorney's fee and compensation for guardian ad litem. — The judge of the court in which any suit under this chapter may be brought shall allow a reasonable fee to the attorney or attorneys bringing the suit, and may in like manner make a reasonable allowance to guardian ad litem when appointed, which fee and allowances shall be taxed and paid as other costs in the case.

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(RSMo 1939 § 1761)

Prior revisions: 1929 § 1597; 1919 § 2045; 1909 § 2609

Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1952–2025 · leading case: Munday v. Thielecke, 290 S.W.2d 88 (Mo. 1956).
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Munday v. Thielecke, 290 S.W.2d 88 (Mo. 1956). · cites it 11× “We, therefore, overrule the motion to dismiss and consider the sole question of whether the trial court was justified in allowing respondents a fee of $20,000 under Section 528.530 RSMo 1949, V.A.M.S. In so far as applicable to the present question, the statute provides that…”
Tadych v. Horner, 336 S.W.3d 174 (Mo. Ct. App. 2011). · cites it 6× “Respondent’s Motion for Attorney Fees Both section 528.530 9 and Rule 96.30 provide for a “reasonable fee to the attorney instituting the action in partition.”
Turner v. Pence, 514 S.W.3d 98 (Mo. Ct. App. 2017). · cites it 4× “Both section 528.530 10 and Rule 96.30 11 provide for a “reasonable fee to the attorney instituting the action in partition.”
Nelson v. Hotchkiss, 601 S.W.2d 14 (Mo. 1980). · cites it 2× “Rule 96.51 provides that in a partition suit, the court “shall allow a reasonable fee to the attorney or attorneys bringing the suit” which “shall be taxed and paid as other costs in the case.”
Hoeper v. Liley, 527 S.W.3d 151 (Mo. Ct. App. 2017). · cites it 2× “Section 528.530 and Rule 96.30 both permit trial courts to award “a reasonable fee to the attorney instituting the action” in a partition proceeding.”
Higgins v. Olson, 991 S.W.2d 216 (Mo. Ct. App. 1999). · cites it 3× “We further order that Charles shall be required to hold Melba harmless for payment of the indebtedness secured by the lien. In her fifth point, Melba urges the trial court erred in awarding attorneys’ fees to Charles.”
Williams v. Williams, 990 S.W.2d 665 (Mo. Ct. App. 1999). · cites it 3× “Section 528.530 RSMo (1994). Further, Rule 96.”
Colbert v. Howard, 707 S.W.2d 496 (Mo. Ct. App. 1986). · cites it 4× “Appellant complains on appeal of the trial court’s failure to award him attorney’s fees in accordance with § 528.530, RSMo 1978; of the trial court’s failure to assess against respondent’s share the waste claimed by appellant to have been committed by respondent and profits…”
Brown v. Brown, 495 S.W.2d 89 (Mo. Ct. App. 1973). · cites it 3× “, rooted in Section 528.530 RSMo 1969, V. A.M.S., provides the judge of the court in which suit is brought shall "allow a reasonable fee” to the attorney “bringing” suit, same to be taxed and paid as costs.”
Buchanan v. Mitchell, 873 S.W.2d 945 (Mo. Ct. App. 1994). · cites it 4× “Section 528.530, RSMo (1986) and Rule 96.”
Parks v. Rapp, 907 S.W.2d 286 (Mo. Ct. App. 1995). · cites it 3× “30 and section 528.530. Counsel disagreed “as to the amount of attorney fees that should be deducted and paid from the sale proceeds, and what amount each attorney should be entitled to in these cases.”
Pollyea v. Grodsky, 315 S.W.2d 460 (Mo. Ct. App. 1958). · cites it 6× “If the lands * * * he sold in partition, then the costs adjudged against the party or parties whose interests shall be sold shall be paid out of the proceeds of such sale * * * » Section 528.530 RSMo 1949, V. A.M.S., relating to the allowance of an attorney’s fee in partition…”
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