Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Arizona law, any co-owner of real property—whether a tenant in common or joint tenant—may force the sale of property through a partition action in the superior court. Arizona Revised Statutes §12-1211 allows a co-owner to file a petition for partition. The court first considers dividing the property physically (partition in kind). If dividing the land would be impractical or inequitable, the court orders a sale (partition by sale) under A.R.S. §12-1212.
Key steps in the partition process:
- File a petition: File in the county superior court where the property lies, identifying all co-owners and their interests. (See A.R.S. §12-1211.)
- Serve notice: Serve all co-owners and interested parties with the court papers.
- Court hearing: The judge reviews ownership interests and property status. Parties may present valuation evidence.
- Partition determination: The court decides whether it can equitably divide the property. If a fair physical division is possible, the court orders partition in kind.
- Order sale: If physical division is impractical, the court appoints a referee or commissioner to sell the property at public auction and distribute net proceeds according to ownership shares.
Hypothetical Example:
Jane and Carlos own a commercial lot as tenants in common. Jane wants to cash out her share but Carlos wants to keep the property. Jane files a partition action under A.R.S. §12-1211. The court finds the lot cannot split without harming its value. It orders a sale under §12-1212, appoints a commissioner to conduct a public auction, and then distributes the proceeds: 60% to Carlos and 40% to Jane.
Helpful Hints
- Review your deed to confirm if you hold a tenancy in common or joint tenancy.
- Communicate early: Attempt negotiation before filing suit to save time and costs.
- Gather property documents: deeds, surveys, tax records, and mortgage statements.
- Understand costs: Court fees, appraisal fees, commissioner fees, and potential attorney fees can add up.
- Plan timelines: Partition actions can take several months, depending on court schedules and sale timing.
- Consult a real estate attorney to guide you through procedural requirements and local rules.