When Family Property Becomes a Family Fight: Lessons from Blaylock v. Blaylock for Divorce and Family Law

Inherited family property can become one of the most contentious issues in divorce proceedings and family disputes. The Missouri Court of Appeals' recent decision in Blaylock v. Blaylock (May 20, 2025) provides critical guidance for family law practitioners dealing with jointly owned property, whether it's inherited farmland, the family home, or other shared assets that families must divide during life transitions.

The Family Conflict Behind the Case

When the Blaylock matriarch died in 2012, she left her 265-acre family farm to her four children in equal shares—a common estate planning decision that many parents make believing it will keep the family together. Instead, it tore the family apart.

What started as an informal family partnership operating the farm together devolved into a bitter legal battle over management decisions, unauthorized financial draws, and ultimately whether to keep the farm in the family or sell it. Sound familiar? This scenario plays out in family law practices across Missouri every day, whether in divorce cases involving family businesses or estate disputes between siblings.

Key Family Law Principles from Blaylock

1. Courts Favor Keeping Family Property Together When Possible

Just as family courts try to minimize disruption to children during divorce, Missouri courts presume that physically dividing inherited property is better than forcing a sale. In Blaylock, the court upheld partition in kind because:

• The emotional significance of the family farm weighed against sale

• The land could be divided fairly without destroying its value

• Financial adjustments (owelty payments) could ensure equity

Family Law Application: When divorcing spouses own family property together (inherited farms, family businesses, vacation homes), courts will look for ways to divide rather than liquidate these emotionally significant assets. This is especially important when children have ties to the property.

2. Bad Behavior Doesn't Always Prevent Relief, But It Limits Remedies

Both sides in Blaylock engaged in questionable conduct—one brother tried to depress the property's value while the siblings took unauthorized "loans" from partnership funds. The court found both parties had "unclean hands" but still allowed the partition while denying other claims.

Family Law Application: In divorce cases, when both spouses have engaged in financial misconduct (hiding assets, unauthorized spending, business mismanagement), courts may still divide property but could deny spousal support or other equitable remedies. The lesson: bad behavior has consequences, but it doesn't necessarily prevent property division.

3. Written Agreements Prevent Family Warfare

The Blaylock siblings operated their inherited farm through an informal oral partnership, leading to disputes over management authority, financial draws, and decision-making. The court noted that written partnership terms could have prevented much of the litigation.

Family Law Application:

• Prenuptial and postnuptial agreements can address how inherited family property will be handled during marriage and divorce

• Family business operating agreements should clearly define roles when family members work together

• Estate planning documents can include specific instructions for property management when multiple heirs are involved

4. Attorney Fees Follow Success, Even in Family Disputes

The court awarded $18,808 in attorney fees to the party who initiated the partition action, reasoning that all parties benefited from the legal resolution, even though family relationships were damaged.

Family Law Application: In family property disputes, the "prevailing party" may recover attorney fees even when the underlying conflict involves family members. This reinforces the importance of trying to resolve family property disputes outside of court when possible.

Practical Guidance for Family Law Clients

For Divorcing Spouses with Inherited Property:

1. Identify separate vs. marital property early - Inherited property may remain separate, but improvements or income generated during marriage could be marital

2. Consider buyout options

3. Plan for ongoing management if joint ownership continues post-divorce

For Families Planning Estates:

1. Don't assume equal ownership prevents conflicts - it often creates them

2. Include management and decision-making structures in estate documents

3. Consider buyout provisions for when family members want to exit the arrangement

4. Address what happens if family members divorce - will ex-spouses have rights in family property?

For Family Business Owners:

1. Formalize partnerships even between family members

2. Plan for divorce scenarios - how will business interests be valued and divided?

3. Consider key person insurance to fund buyouts during family transitions

The Emotional Cost of Family Property Disputes

Blaylock illustrates a harsh reality in family law: property disputes don't just divide assets—they divide families. The court's matter-of-fact legal analysis doesn't capture the decades of family relationships that were likely destroyed over this farmland.

As family law attorneys, we have a responsibility to help clients understand these broader consequences. While the law provides mechanisms for dividing property, it can't repair family relationships destroyed in the process.

Prevention Is Better Than Litigation

The best outcome in Blaylock would have been avoiding litigation entirely through proper planning:

• Clear estate planning documents specifying management and exit strategies

• Regular family meetings to address conflicts before they escalate

• Professional mediation when disputes arise

• Structured buyout procedures for family members who want to exit

Conclusion

Blaylock v. Blaylock serves as both a legal guide and a cautionary tale for family law practitioners. While Missouri courts will fairly divide family property when forced to do so, the emotional and financial costs of litigation often exceed the value of the assets in dispute.

The case reinforces that successful family law practice isn't just about winning property divisions—it's about helping families navigate transitions while preserving relationships when possible and protecting client interests when it's not.

The bottom line: Family property disputes are never just about the property. They're about family dynamics, emotional attachments, and competing visions for the future. Understanding these underlying forces is essential for effective family law representation.

DISCLAIMER: This blog post discusses general legal principles and should not be construed as legal advice but merely as an opinion. This content is not intended to create an attorney-client relationship or provide legal advice for your specific situation. Every family law case is unique, and property division laws can be complex and vary by jurisdiction. You should not rely on this information when making legal decisions. Consult with an experienced family law attorney to discuss how these principles apply to your specific circumstances and to receive proper legal advice tailored to your case.