Detailed Answer
When multiple people inherit property together in Arizona and cannot agree on whether to keep or sell it, Arizona law lets any co-owner ask a court to divide or sell the property. This is called a “partition action.” Under Arizona Revised Statutes (A.R.S.) §§ 12-1201 through 12-1247, each co-owner owns an undivided share and has the right to seek partition at any time. You file a partition action in the county superior court where the property lies.
There are two main types of partition:
- Partition in kind: The court divides the land into separate parcels so each co-owner receives a specific portion (A.R.S. § 12-1206). If dividing the land fairly is possible without significantly harming its value, the court favors this method.
- Partition by sale: If a fair physical division proves impractical or would reduce value, the court orders the property sold at public auction (A.R.S. § 12-1207). Proceeds are distributed to co-owners according to their ownership share after paying costs, liens, and any court-approved allowances.
The court follows these steps:
- Verify each party’s ownership percentage.
- Appoint referees or a commissioner to value the property and assess division options.
- Determine whether partition in kind is feasible. If not, order a public sale.
- Oversee distribution of sale proceeds, paying liens and debts first.
Arizona law treats all co-owners equally, regardless of contribution to purchase or improvements (A.R.S. § 12-1202). The partition process can take several months, depending on property complexity, court schedules, and appraisal availability.
Key statutory references:
- A.R.S. § 12-1201 (Definitions and scope of partition actions).
- A.R.S. § 12-1206 (Partition in kind).
- A.R.S. § 12-1207 (Partition by sale).
Helpful Hints
- Review the property deed to confirm each owner’s percentage share.
- Discuss a voluntary buyout or sale among co-owners before filing—court costs and fees can be high.
- Obtain a recent appraisal to understand current market value.
- Consider mediation to resolve disputes and avoid litigation.
- Keep records of improvements and expenses; these can affect distribution.
- Consult a real estate attorney to prepare and file the partition complaint properly.
- Be prepared for delays: court-backed sales follow strict notice and publication rules.
- Understand that liens (mortgages, tax liens) attach before proceeds are divided.