Short answer

If a court orders a partition sale of a co-owned house in Arizona, the sale proceeds are collected, costs and valid liens are paid first, and the remaining net proceeds are distributed to owners according to their legal ownership interests after any court-ordered credits or reimbursements. To get your share you must follow the court process, provide documentation of your ownership and any claims for credit, and ask the court to approve distribution. If someone refuses to cooperate, the court enforces distribution.

Detailed answer — how the Arizona process works

Partition actions in Arizona are governed by state law and court procedures. The basic steps you should expect:

1. File or respond to a partition lawsuit. Any co-owner who wants a forced division can file a partition action in superior court. See Arizona statutes on partition actions (A.R.S. Chapter on partition). For the statutory framework, see the Arizona Revised Statutes, Title 12 (Courts and Civil Proceedings): https://www.azleg.gov/arsDetail/?title=12 and the partition statute (example: A.R.S. § 12-1101 on persons entitled to partition): https://www.azleg.gov/ars/12/01101.htm.
2. The court determines whether to divide the property in kind or order a sale. If the house and lot cannot be fairly divided practically, the court will usually order a sale and direct how the sale will happen (commissioner, sheriff, or by other court-approved method).
3. Sale, payment of sale costs, and satisfaction of liens and mortgages. After the sale, the proceeds are used first to pay: sale costs (advertising, commissioner or sheriff fees, broker or auction fees if approved by the court), court costs, and any valid liens that attach to the property (mortgages, tax liens, mechanic’s liens). Mortgages and other recorded liens generally take priority and must be paid from sale proceeds before owners receive distributions.
4. Accounting for contributions, taxes, and credits. Co-owners may ask the court to make adjustments to net proceeds based on equitable claims: payments made for mortgage, property taxes, necessary repairs, or improvements; rental value for exclusive occupancy by a co-owner; or liens one owner has on another for advances. Arizona courts can order an accounting and award equitable credits or reimbursements before distribution. Keep receipts, bank records, tax bills, and invoices to support any claim for contribution or reimbursement.
5. Distribution according to ownership shares or court order. After costs, liens, and approved credits, the court (or the clerk under court direction) will distribute the remaining net proceeds according to each owner’s legal interest (for example, a 50/50 tenancy in common results in equal shares), unless the court orders a different division for equitable reasons. The court will enter an order approving the final accounting and directing distribution.
6. Receiving your money. Once the court signs the distribution order and the clerk processes it, you will receive your share either by check from the court clerk, by funds distributed through the clerk’s office, or by wire if the court provides that method. If money is being held by the court pending resolution of disputes or appeals, you may need to wait until all claims and appeals are resolved.

If a co-owner refuses to turn over funds or follows procedures improperly, you can ask the court to enforce its judgment. The court has tools such as contempt, writs of execution, or appointment of a receiver/commissioner to carry out its orders.

Typical timeline and practical points

• From filing to sale and final distribution often takes several months; complex title issues, multiple liens, or appeals can lengthen the process to a year or more.
• Mortgages and senior liens normally get paid first. Unpaid property taxes may generate a lien that comes off the top.
• If you or another co-owner paid more than your share of mortgage/taxes/repairs, ask the court for credit — bring proof.
• Voluntary resolution (one owner buys out the other, or parties agree on a private sale) often saves time and cost compared to a contested partition lawsuit.

Hypothetical example

Suppose three owners each hold one-third interests. The house sells for $300,000. Sale costs and closing costs total $15,000. There is a mortgage balance of $100,000 and unpaid property taxes of $2,000. One owner proves they paid $5,000 for a roof replacement that benefited all; the court allows that $5,000 credit to that owner. How proceeds reach owners:

1. Gross sale: $300,000
2. Less mortgage: $100,000 → $200,000 remaining
3. Less sale and closing costs: $15,000 → $185,000 remaining
4. Less property taxes: $2,000 → $183,000 remaining
5. Net to distribute: $183,000. Adjust for credits: the owner who paid $5,000 might receive a $5,000 reimbursement before dividing the remainder, or the $5,000 can be treated as an offset to that owner’s share, depending on the court’s order.
6. Divide remainder according to ownership shares after credits. Keep records and obtain a court order showing the approved distribution.

How to protect and speed up getting your share

Actions you can take right away:

• Get and keep copies of the deed and title showing your ownership interest.
• Collect receipts for mortgage, tax, insurance, repairs, and improvements if you expect credits.
• Check title for liens and mortgages (title report or preliminary title search).
• Consider a voluntary sale or buyout negotiation before filing suit.
• If a lawsuit is pending, file timely claims and evidence supporting any offsets or credits you want the court to consider.
• Ask the court for a clear distribution order and obtain a certified copy from the clerk — this makes enforcement easier.

Helpful hints

• Hire a real estate attorney if possible — partition law involves title, liens, equitable accounting, and court procedures.
• If you can’t afford a lawyer, contact the court’s self-help center or local legal aid for guidance on forms and deadlines.
• Keep careful records of all payments you make toward the property; undocumented claims are hard to win.
• Know that tax consequences (capital gains, basis adjustments) may follow a sale — consult a tax professional.
• Be realistic about costs: litigation, sale commissions, and court fees reduce net proceeds.
• If another party has recorded a lien against your interest, identify whether it’s valid and how it affects distribution — liens may attach to the owner’s share.

Where to read Arizona law and forms

Arizona statutes on partition and related civil procedure are in Title 12 of the Arizona Revised Statutes. See the Title 12 overview at the Arizona Legislature site: https://www.azleg.gov/arsDetail/?title=12. For the basic partition statute, see A.R.S. § 12-1101 and following sections: https://www.azleg.gov/ars/12/01101.htm. Your county superior court website also posts local rules and self-help instructions for civil cases, including partition actions.