Attorney’s Fees in a Missouri Partition Lawsuit
Plaintiffs can recover some of their attorney’s fees in a Missouri partition lawsuit. Typically, recoverable attorney’s fees in a Missouri partition lawsuit are confined to the time spent by plaintiff’s attorney for the benefit all the parties. This may encompass activities like reviewing the property’s title, overseeing a survey of the property, and drafting the lawsuit, motions, orders, judgments, and other mutually beneficial documents.
In some instances, the uncooperative behavior of the other parties might result in plaintiff recovering their attorney’s fees in a Missouri partition lawsuit. Failing to respond to a reasonable settlement offer could pave the way for the recovery of attorney’s fees and other expenses incurred after the offer is made. There are no rigid guidelines for recovering attorney’s fees in a Missouri partition lawsuit. Judges have wide discretion in making such decisions. Additionally, plaintiff can only recover a proportional amount of the attorney’s fees in a Missouri partition lawsuit. For example, if there are a total of four parties to the lawsuit, then the plaintiff will typically recover only three quarters of the eligible fees.
The plaintiff in a Missouri partition lawsuit may also recover a proportional share of other costs and expenses incurred by the plaintiff. For instance, if the court determines that the property can likely be physically divided among the parties, then the court is required to appoint commissioners to determine whether the property can be equitably divided. The commissioners and parties will then select a surveyor to describe how the property might be divided. Commissioners and surveyors are not volunteers; they charge for their services. Consequently, some payment arrangement must be made with the commissioners and surveyor before the work begins. The parties might agree to share those costs, or plaintiff might cover the costs pursuant to a court order that requires reimbursement from the other parties. If the other parties refuse to pay their share, then the court may place a lien on their interests in the property, thereby securing the owed sum. Conversely, in cases where the court determines that selling the property is the most equitable course of action, then the court can order a proportional reimbursement of the plaintiff’s fees, costs, and expenses from the sale proceeds.
This article serves as general information and is not to be considered as legal advice.
Michael Sewell has a proven track record of successful litigation in various Missouri real estate and business cases dating back to 2005. For a consultation regarding your litigation or other legal needs, please reach out to Michael at (314) 942-3232 or via email at michael@sewelllaw.net.
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