Detailed Answer: How to Start a Partition Action in Arizona

Short answer: If co-owners of real property in Arizona cannot agree on use, sale, or division, any co-owner can ask a court to force a partition (divide the property) or order a sale and divide the proceeds. Arizona courts handle partition actions under the state civil procedure statutes and court rules. See Arizona Revised Statutes, Title 12 (Courts and Civil Procedure): https://www.azleg.gov/arsDetail/?title=12, and the Arizona Rules of Civil Procedure: https://www.azcourts.gov/rules.

1. Who may bring a partition action?

Any person who owns an undivided interest in real property as a tenant in common, joint tenant, or owner with an unpartitioned interest can file a partition action. This includes family members, business co-owners, heirs, or investors who hold title but cannot agree on what to do with the property.

2. Decide the relief you want: division in kind or sale

The court will usually try to divide the property physically (partition in kind) when it is practical and fair. If physical division is impractical or would cause prejudice (for example, a single-family home on one lot or a parcel that cannot be fairly split), the court can order a sale and divide the proceeds among the co-owners.

3. Typical steps to start a partition action in Arizona

Gather documents and facts: deed(s), chain of title, mortgage or lien information, tax records, evidence of contribution to purchase or improvements, and evidence of possession (who lives there; leases).
Determine the correct court and filing place: Partition actions are civil actions filed in the superior court in the county where the property is located. Check local filing rules and fee schedules at the county superior court clerk’s office or on the court website.
Prepare the complaint: The complaint identifies the property, lists all owners and their estimated ownership shares, states why partition is necessary, and requests partition in kind or by sale. It must name and describe any liens, mortgages, or persons with interest in the property so they can be notified.
File the complaint and pay fees: File the complaint with the superior court clerk and pay the filing fee or request a fee waiver if eligible.
Serve all required parties: Proper service of the complaint and summons to all co-owners and anyone with a recorded interest (e.g., mortgage holders) is required. Arizona law has specific rules for service; missed service can delay or invalidate the case.
Possible temporary orders: A co-owner may ask the court for temporary relief, such as an injunction preventing sale or waste, or orders allocating possession, rents, or expenses pending final resolution.
Court proceedings and evidence: Parties exchange documents and may attend hearings. The court evaluates whether division in kind is possible, the value of each share, liens, and claims for contribution or reimbursement.
Appointment of a commissioner or referee: If the court orders partition, it may appoint a commissioner (also called a referee or special master) to survey, value, divide the land, or conduct the sale following court instructions.
Sale (if ordered): If sale is required, the commissioner will sell the property (often at public auction or private sale under court supervision). Proceeds pay costs, liens, and then are distributed to owners according to their shares.
Final judgment: The court issues a final judgment and decree of partition describing the division or sale and directing distribution of proceeds.

4. Common legal issues and claims in Arizona partition cases

Liens and mortgages: Liens typically attach to the property and must be paid from sale proceeds or remain as encumbrances on divided parcels. Mortgage lenders have a right to be notified and to protect their interests.
Unequal contributions: A co-owner who paid more for the purchase or improvements may seek compensation or adjustment in division. Present clear proof (receipts, bank records).
Possession and rents: The court may award rents or require a co-owner in possession to pay an accounting to other owners.
Costs and attorney fees: The court may assess costs, and in limited circumstances award attorney fees if a statute or contract allows.

5. Practical timeline and costs

Partition actions can take several months to over a year depending on complexity, number of parties, and whether the case goes to trial. Costs include filing fees, service fees, survey and appraisal expenses, commissioner or auction costs, and attorney fees if you hire counsel. Selling costs and lien payoffs will reduce proceeds available to owners.

6. Alternatives to filing a partition action

Negotiate a buyout: One owner buys out the others at an agreed value.
Mediation or collaborative settlement: Neutral mediator helps owners reach a voluntary deal and avoid litigation costs.
Refinance or restructure ownership: Refinance mortgages, change ownership shares, or form an entity that clarifies rights and responsibilities.

7. How an Arizona co-owner should prepare before filing

Collect title documents, deeds, mortgage statements, tax records, and proof of payments for purchase or improvements.
Make a list of all known co-owners and any lienholders with contact information.
Get an informal valuation (online market comps or a broker’s price opinion). You may later need a formal appraisal.
Consider whether mediation or a negotiated buyout could save time and money.

Helpful Hints

Act early: Delay can complicate claims and evidence. Promptly gather title and payment records.
Notify lienholders: A lender with a recorded mortgage must be included. Failing to notify can delay a sale or distribution.
Use mediation: Courts in Arizona encourage resolving property disputes without trial. Mediation can preserve value and relationships.
Expect costs to reduce proceeds: Surveys, appraisals, legal fees, and sale expenses come off the top before distribution.
Keep clear records of contributions: If you paid mortgage payments, taxes, or made improvements, keep receipts and bank records to support claims for credit.
Consider possession issues: If a co-owner lives in the property, seek temporary orders or an accounting for fair rental value if appropriate.
Check county procedures: Each county may have local filing and service procedures—confirm with the superior court clerk.
Hire counsel when needed: Complex disputes, multiple parties, or large liens make attorney help advisable.

Important: This article explains general Arizona procedures for partition actions. It is not legal advice. Laws change and facts differ. For advice tailored to your situation, consult a licensed Arizona attorney who handles real property and partition matters.