Understanding Partition Actions and Co-Owner Disputes in Arizona

Short answer: Under Arizona law, a co-owner can ask the court to divide or sell real property when other owners refuse to cooperate. The court may order either a physical division or a sale and will divide the proceeds according to ownership interests. This article explains how that process works and what to expect.

Detailed Answer — How Arizona law handles disagreements among co-owners

When two or more people own real property together and they cannot agree about keeping, selling, or dividing the property, Arizona law provides a remedy called a partition action. A partition action is a civil lawsuit asking the county superior court to either divide the property among the co-owners (partition in kind) or sell the property and distribute the sale proceeds (partition by sale).

Key points about partition actions in Arizona:

Who can file: Any co-owner of the property (for example, owners listed on the deed) may file a partition action in the superior court in the county where the property is located.
Types of ownership: The typical co-ownership forms are tenancy in common and joint tenancy. Tenants in common each own an individual share that can be partitioned. Joint tenancy involves survivorship rights, but courts still have the authority to divide or sell jointly held property when needed. Ownership form and any written agreements (deeds, contracts) can affect outcomes, so check the deed and related documents first.
Court options: The court will consider whether the property can be fairly divided physically. If the land or building can be divided without substantially reducing value or utility, the court may order a partition in kind. If a fair physical division is impractical or would significantly decrease value, the court is likely to order a partition by sale and divide the proceeds among the owners according to their ownership shares.
Procedure: The plaintiff files a complaint for partition and names all co-owners and other interested parties (such as lienholders). The court provides notice, may appoint commissioners or referees to appraise and manage division or sale, and will supervise the process and distribution of funds.
Liens, mortgages, and creditors: Existing mortgages, tax liens, or other encumbrances affect the proceeds from any sale. Mortgage holders may have rights to satisfy debt from sale proceeds. The court will usually pay valid liens from sale proceeds before distributing the remainder to co-owners.
Costs and timing: Partition suits can be time-consuming and expensive. Court fees, attorney fees, appraisal costs, and the costs of a court-ordered sale (often handled by a court-appointed commissioner) will be deducted from sale proceeds. Parties sometimes settle before a court-ordered sale to avoid these costs.

Relevant Arizona law: partition actions are governed by Arizona civil procedure and statutes that allow courts to partition real property and to order sale when division is impractical. See the Arizona Revised Statutes (A.R.S.) governing civil actions—Title 12—and related provisions for actions to partition. For more on statutory text and procedures, consult the Arizona Revised Statutes on the Arizona Legislature website: https://www.azleg.gov/arsDetail/?title=12.

Common scenarios and likely outcomes

Family members own a house as tenants in common; some want to sell, others refuse: Any co-owner can file for partition. If the home cannot be fairly divided, the court will likely order a sale and divide proceeds according to ownership percentages.
One co-owner wants to buy out the others: The co-owner wanting to keep the property can offer a buyout. Courts often prefer negotiated buyouts because they avoid litigation expenses. If negotiations fail, the buying co-owner can still file for partition and seek to purchase the property at the court-ordered sale.
There is a mortgage on the property: The mortgage remains attached to the property. Any sale—voluntary or court-ordered—will typically pay off the mortgage from sale proceeds before distributing remaining funds to owners.
Deceased owner’s interest: If a co-owner died, their interest usually passes to heirs or devisees (unless title was held with survivorship). The heirs step into the deceased owner’s position as parties to any partition action.

Practical steps to take if you are a co-owner in Arizona

Review the deed and title to determine the exact ownership form and each person’s recorded interest.
Talk with the other owners about selling, buyouts, or mediation. Written offers and a reasonable negotiation record can help later.
Get a property valuation or appraisal to understand market value before court involvement.
If you cannot reach an agreement, consult a licensed Arizona attorney about filing a partition action. An attorney can explain likely outcomes and costs and can file the complaint and handle procedural requirements.
Consider alternatives before suing: mediation, buyouts, listing the property with a realtor, or refinancing/joint agreements to delay sale.

Helpful Hints

Always start by checking the recorded deed to confirm ownership type (tenancy in common, joint tenancy, etc.).
Try negotiation or mediation first—courts often encourage settlement and it usually costs less than litigation.
Obtain a professional appraisal before making or responding to offers; perceived value differences often fuel disputes.
Remember mortgages and other liens will be satisfied from sale proceeds; net distribution is after lien payoff and costs.
Be prepared for court costs, commissions, and potential delays; partition cases can take months or longer depending on complexity.
If a co-owner is incapacitated or deceased, a probate or guardianship issue may affect the partition timeline—get legal advice promptly.
If you are served with a partition complaint, act quickly—missing deadlines can harm your rights.

Where to look for more information

Arizona Revised Statutes and court rules provide the legal framework for partition actions. For statutory text and official resources, start here: Arizona Revised Statutes, Title 12 (Courts and Civil Procedure). For self-help information about civil actions and small claims procedures, see the Arizona Courts site: https://www.azcourts.gov/self-help.

Important disclaimer: This article provides general information about Arizona law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Arizona attorney who can review your deed, documents, and the facts.