Preparing for a Partition Action: What to Give Your Arizona Lawyer

Short answer: To start a partition case in Arizona, your lawyer will need documents that prove ownership and describe the property, records that show liens and creditors, evidence of how the property has been used and maintained, communications among co-owners, and any written agreements or court papers that affect ownership. Providing clear, organized records up front speeds the process and helps your attorney evaluate whether the court should order partition in kind (divide the land) or partition by sale.

Detailed answer — what to gather and why it matters under Arizona law

A partition action asks a court to divide or sell property held by two or more people. Arizona courts handle partition actions under the state’s civil procedure rules and statutes governing property and court remedies. For an attorney to file and prosecute a partition action effectively, you should collect documents and information in these categories:

1. Proof of ownership and chain of title

Deed(s) to the property (warranty deed, quitclaim deed, trustee’s deed). These show who appears on title.
Recent title report or title commitment (if available). If you do not have one, your lawyer will likely order a title report to identify recorded interests and parties.
Copies of prior deeds or recorded instruments that show how ownership passed to current co-owners (chain of title).
County assessor parcel number and legal description (found on deed or tax bill).

Why: The court must know who legally owns the property and the exact legal description before it can order partition. A title report reveals all recorded owners and encumbrances.

2. Mortgage, lien, and creditor documents

Mortgage statements and loan documents.
Recorded liens, judgments, or other encumbrances shown in title or county records.
Tax lien notices or unpaid property tax information.

Why: Partition proceeds and remedies can be affected by mortgages and liens. Arizona courts require notice to persons with recorded interests.

3. Written agreements among co-owners

Any co-ownership agreement, operating agreement (for LLC interests), partnership agreement, or written contract describing ownership rights and responsibilities.
Leases or rental agreements if the property has tenants.

Why: Written agreements may limit or define remedies, create buyout procedures, or require arbitration/mediation before a lawsuit.

4. Estate planning or probate documents

Wills, trust documents, letters testamentary, or probate case numbers if ownership arose from an estate or trust.

Why: Interests held in a trust or estate can change who must be named in a partition and how the court treats the interest.

5. Evidence of possession, use, and contribution

Records showing who lived on or used the property (utility bills, HOA statements, rental receipts).
Receipts, invoices, canceled checks, or bank records for repairs, improvements, or mortgage payments made by co-owners.
Photographs or videos showing condition and improvements.

Why: Evidence of contributions to mortgage payments or improvements can affect equitable credits or accounting among co-owners in a partition dispute.

6. Surveys, plats, and maps

Recent or prior surveys and recorded plats.
Boundary dispute paperwork, if any.

Why: A survey defines boundaries and can show whether a partition in kind is feasible. Boundary issues may require additional litigation or commissioners.

7. Appraisals and market information

Any recent appraisals or broker price opinions.
Comparable sales or market data.

Why: Appraisals help the court or parties value interests and decide between dividing the property or ordering sale.

8. Communications and dispute history

Emails, texts, letters, or notes documenting requests to sell, offers to buy out, or disputes among owners.
Mediation or settlement attempts and their outcomes.

Why: The court will look at whether owners tried to resolve the matter and who supports or opposes partition.

9. Identification and contact information

Names, mailing addresses, phone numbers, and emails for all co-owners and any lienholders or tenants.
Copies of government ID for the person bringing the case.

Why: The complaint must name and provide notice to all parties with recorded interests.

10. Court files and prior litigation

Any existing lawsuits, judgments, or recorded lis pendens affecting the property.
Case numbers and copies of pleadings if the property was part of prior litigation.

Why: Prior litigation can affect the remedy and who must be served.

How courts decide partition in Arizona (brief overview)

Arizona courts generally allow a co-owner to seek partition when owners cannot agree on the use or disposition of property. Courts may order a partition in kind (physically divide property) when reasonably practicable. If division would be impractical or inequitable, the court may order a sale and split proceeds after paying liens and expenses. These procedures arise from Arizona civil procedure and property law; lawyers will look to statutory and case law and will typically examine Title 12 (civil procedure) and property recording statutes when preparing a case. For general statutory context see Arizona Revised Statutes, Title 12: Civil Procedure: https://www.azleg.gov/arsDetail/?title=12

Practical checklist to give your lawyer (print or digital)

Deeds and title documents (scanned and originals if available)
Current title report or commitment (or permission to order one)
Mortgage and lien statements
Surveys, plats, and legal description
Appraisals, broker opinions, or market comps
Leases and tenant contact info
Receipts or other evidence of improvements and payments
Communications among co-owners
Any written co-ownership agreements or trust documents
List of all possible parties with addresses
Photo ID for the client

Helpful procedural notes and next steps

Order a title report early. It identifies all persons and interests that must be joined or provided notice.
Consider a survey and appraisal before filing. These help determine if division is practical and fair.
Try mediation or negotiated buyout before filing. Courts often look favorably on dispute resolution attempts, and settlement can avoid costs.
Expect the court to require notice to all recorded interest holders; missing a party can delay or invalidate relief.
Be ready to discuss whether you want a partition in kind or a sale. Your evidence (survey, use, improvements) will affect feasibility.
Preserve receipts and contemporaneous records; courts weigh documentary proof heavily.

Where the law is found

Arizona partition and civil procedure rules derive from state statute and case law. For statutory context, see Arizona Revised Statutes, Title 12 (Civil Procedure): https://www.azleg.gov/arsDetail/?title=12. For property recording and related rules, see Title 33 (Property): https://www.azleg.gov/arsDetail/?title=33. Your attorney will cite the specific sections and cases relevant to your situation.

Helpful Hints

Organize documents chronologically and provide a short summary timeline to your attorney.
Give your lawyer a list of all people who might have an interest, even if they are not on the deed.
Bring originals when possible; send scanned copies in advance to speed review.
Ask your attorney whether to order an immediate title report, survey, or appraisal; those costs are often necessary early expenses.
If the property is encumbered, ask about interim measures (e.g., temporary orders to prevent sale or waste).
Keep a separate file of communications with co-owners and tenants, and do not destroy records relevant to ownership or use.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and facts matter. Consult a licensed Arizona attorney to get advice specific to your situation.