How to Force a Sale or Division of Co-Owned Real Property After Divorce in Arizona | Arizona Partition Actions

Disclaimer

This is general information only and not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Arizona attorney.

Detailed Answer

If you still co-own real property with an ex after a divorce in Arizona, you generally have these main paths to end joint ownership: negotiate a voluntary settlement (buyout or agreed sale), or ask a court to divide or sell the property through a partition action. Which option makes sense depends on the divorce decree, how title is held, mortgages or liens, and each party’s goals.

1. First step: review the divorce decree and title

Check the divorce judgment to see whether the court already ordered how the property would be divided. If the decree awarded the whole property to one party and title did not get transferred, you may need a deed transfer or a motion to enforce the divorce judgment.
Check how title is held (joint tenants, tenants in common, community property with rights of survivorship). Title affects the remedy available.
Check outstanding mortgages, liens, or tax judgments — those affect whether a buyout or sale is practical.

2. Voluntary solutions (recommended first)

Courts prefer parties reach agreement. Common voluntary options:

Buyout: One co-owner pays the other the agreed share and refinances the mortgage into his/her name alone.
Agreed sale: Cooperate to sell the property and split proceeds per the divorce order or ownership shares after paying liens and sale costs.
Mediation/settlement: Use a mediator or attorney to negotiate terms (timing, price, credits for improvements or debts).

3. Partition action in Arizona Superior Court

If negotiation fails, you can file a partition action in the superior court where the property is located. A partition action is the civil procedure that allows co-owners to force physical division or sale of real property.

Key points about partition:

Either party can request partition when they own an undivided share and cannot agree on disposition.
The court will determine whether a partition in kind (physical division) is practical. If the property cannot be fairly divided, the court will order partition by sale and divide the proceeds among owners according to their ownership interests.
The court may appoint a commissioner or referee to manage a sale, handle bidding, and report back to the court.
Sales through partition typically require notice to interested parties and may take several months or longer. Costs and attorney fees generally come out of the proceeds or are assessed by the court.
Existing mortgages and liens remain attached to the property; they must be paid at sale or otherwise resolved. A partition sale does not eliminate a mortgage — the lender’s consent or payoff is usually necessary for a clean transfer of title.

4. Other remedies that may matter

Quiet title: If one party wrongly claims sole ownership, a quiet title action may resolve competing claims to title, but it does not itself split proceeds between legitimate co-owners.
Enforcement of divorce decree: If the decree required a transfer or sale and your ex refuses, you can ask the court that entered the decree to enforce it or hold the other party in contempt.
Accounting and reimbursement claims: In some cases you can ask a court to account for contributions (mortgage payments, improvements, taxes) so the distribution reflects reimbursements before dividing proceeds.

5. Practical considerations

Costs and timing: Partition and other litigation can be expensive and slow. Factor attorney fees, court costs, and potential reductions in sale price if the court orders a forced sale.
Mortgage and credit effects: If both names remain on the mortgage, a sale or refinance is usually necessary to free one party from liability. Stay current on payments while matters are pending to avoid foreclosure.
Tax consequences: Selling or transferring a property can have capital gains or other tax consequences. Check with a tax advisor.
Homestead and occupancy: If one owner still lives in the property, that may affect timing and practical steps, but generally it does not prevent a partition action.

6. Where to find relevant Arizona law

Arizona law on domestic relations (which controls how courts divide marital/community property in a divorce) is in the Arizona Revised Statutes, Title 25. Statutes and rules governing civil actions (including partition) are in Title 12 and related civil procedure rules. See:

Helpful Hints

Start by carefully reading your divorce judgment and the deed. If the divorce court ordered a division, you may be able to enforce that order without a partition action.
Try negotiation or mediation first — voluntary solutions save time and money and give you more control over sale timing and price.
If you file for partition, gather documents: deed, mortgage statements, tax bills, insurance, records of improvements and payments, and the divorce decree.
Talk to a real estate attorney in Arizona early to evaluate whether partition is appropriate and to estimate timelines and likely costs.
If you want to keep the home, be prepared to refinance in your name alone — lenders will want proof you can qualify without the other owner.
If the property has substantial equity or complex liens, consider getting a professional appraisal and title search before negotiating or filing suit.

For specific advice about your situation and to start any legal proceeding, consult a licensed Arizona attorney who handles real estate or family law matters.