Improvement Reimbursements

Joint tenants may bring a partition action for real estate. Clark v. Dady, 131 S.W.3d 382, 386 (Mo. Ct. App. 2004). The property can be sold where partition in kind cannot be “made without great prejudice to the parties.” Id. (citing Rule 96.18 and §528.620, RSMo).

From the sale proceeds, parties are entitled to reimbursement for taxes, insurance, necessary repairs, finance or mortgage payments, and improvements. Id. at 390. Reimbursement is only available for improvements where they are “made in good faith, are of a necessary and substantial nature, materially enhance the value of the property, and the circumstances show that it would be equitable to do so.” Id.; Tadych v. Horner, 336 S.W.3d 174, 177 (Mo. Ct. App. 2011) (improvements “(1) must be made in good faith; (2) must be necessary and substantial; (3) must materially enhance the value of the property; and (4) the circumstances reveal that it would be equitable to reimburse the party”).

Utilities are not necessarily reimbursable. Goforth v. Ellis, 300 S.W.2d 379, 384 (Mo. 1957).

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