Detailed answer — how a partition action works in Arizona

This section explains, in plain language, what a partition action is, who may start one, and the typical procedural and practical steps you can expect if you and a sibling co-own real property after your father’s death.

1. What is a partition action?

A partition action is a civil lawsuit filed by one or more co-owners to divide property held in common. The court can either physically divide the land (partition in kind) or order sale of the property and divide the sale proceeds (partition by sale). Courts prefer partition in kind if a fair division is practicable; otherwise they order sale.

2. Who can file?

Any person who holds an ownership interest in the property (for example, heirs who inherited the house as tenants in common) may file. If the property is still in the decedent’s estate or subject to an open probate, filing the partition action may require coordination with the probate court or representation by a personal representative. See Arizona probate laws for how property passes to heirs: Arizona Revised Statutes, Title 14. https://www.azleg.gov/arsDetail/?title=14

3. Where do you file?

File a partition complaint in the superior court in the county where the real property lies. Arizona’s superior courts handle civil actions involving real property. For general court information and local rules, see the Arizona Judicial Branch website: https://www.azcourts.gov/.

4. Typical procedural steps

1. Prepare and file a complaint for partition listing the property, all known co-owners, and your requested relief (division in kind or sale).
2. Serve the complaint and summons on the other co-owners and any lienholders (mortgage companies, judgment creditors).
3. The court may require appraisals or evidence about whether physical division is practicable. The court can appoint appraisers or a commissioner to value and, if necessary, sell the property.
4. If the court orders sale, it usually supervises the sale or authorizes a sheriff’s sale or a sale by a court-appointed commissioner/referee. Net proceeds are distributed according to each party’s interest after paying liens, taxes, and court-ordered costs.

5. What outcomes should you expect?

If the court finds an equitable division on the land itself feasible, it may partition in kind so each owner receives a specific portion. If division would be unfair, impractical, or damage property value, the court will order a sale with distribution of proceeds. The court will consider liens (including mortgages), necessary repairs, improvements, and costs before splitting the net proceeds.

6. Money matters, credits, and liens

The court allocates sale proceeds based on legal ownership interests. It can give credit to a co-owner who paid mortgages, taxes, or made improvements. Liens (mortgages, tax liens) typically must be paid from sale proceeds. Be prepared to provide records of payments and improvements to claim credits.

7. If the property passed through probate

If title transferred by probate, verify whether the estate administration is complete and clear title has passed to the heirs. If an estate remains open, the personal representative may have authority to act concerning the property. Consult the probate statutes and consider notifying the probate court if you plan a partition action. See Arizona Revised Statutes, Title 14 for probate rules: https://www.azleg.gov/arsDetail/?title=14.

8. Timelines and costs

Time varies by county and case complexity. Expect several months to over a year for contested matters. Costs include court filing fees, service fees, appraisal fees, possible commissioner or referee fees, and attorney fees. The court can sometimes allocate costs and fees between parties.

9. Alternatives to a forced partition sale

• Buyout: Offer to buy your sibling’s share (or vice versa) based on a professional valuation.
• Sell by agreement: List and sell the property cooperatively and split proceeds.
• Mediation: Use a neutral mediator to reach an agreed settlement that avoids litigation costs.

10. Practical sample scenario

Hypothetical: You and your sibling each own 50% of a house inherited from your father. You want the cash and your sibling wants to keep the home. If you file for partition, a court-appointed appraiser may determine the home cannot be fairly divided. The court would likely order a sale. Net proceeds, after paying the mortgage and costs, would be split 50/50 unless the court adjusts shares for contributions, improvements, or debts paid by one party.

11. Relevant Arizona law resources

Arizona’s civil statutes and court system govern partition actions. For statute overviews, consult Arizona Revised Statutes (Title 12 covers courts and civil procedure): https://www.azleg.gov/arsDetail/?title=12. For probate-related questions about title after a death, see Title 14: https://www.azleg.gov/arsDetail/?title=14. For local filing rules and forms, check your county superior court’s website via the Arizona Judicial Branch: https://www.azcourts.gov/.

Helpful hints

• Gather documents: deed, death certificate, any probate paperwork, mortgage statements, tax bills, insurance, and records of repairs or payments.
• Talk first: Try to reach an agreement with your co-owner. A negotiated buyout or agreed sale saves time and costs.
• Get an appraisal: A professional valuation clarifies market value and helps with buyout or settlement talks.
• Consider mediation: A mediator can help preserve family relationships and avoid litigation.
• Know lien priorities: Mortgages and tax liens generally get paid before distributing sale proceeds to owners.
• Expect court discretion: Judges can order in-kind partition, sale, appointment of a referee, and allocate costs or credits as fairness requires.
• Consult a lawyer: An attorney experienced in Arizona real property and probate can explain options, prepare pleadings, and protect your financial interest.
• Check county rules: Filing procedures and fees vary by county; check your county superior court’s civil division web page.
• Beware time limits: While partition actions are generally available to co-owners, unresolved probate or title issues can complicate matters—address those first.