Overview
If you co-own real property in Arkansas and a co-owner refuses to agree to sell, Arkansas law lets you ask a court to divide the property or force a sale through a partition action. This FAQ-style article explains how partition works in Arkansas, what steps to take before filing, how the court process generally runs, and practical tips to prepare. This is general information and not legal advice.
Key Arkansas law
Partition procedures are governed by Arkansas statutory law addressing partition of real property. See the Arkansas Code on partition: Arkansas Code (Arkansas Legislature website). The statutory provisions describing partition actions and sales are found in Title 18 of the Arkansas Code (partition statutes).
Who can file a partition action?
Any person with a present ownership interest in real property — for example a tenant in common or joint tenant — can file for partition in the circuit court where the property is located. That includes co-owners who hold title together but disagree about whether to sell. You also must join or give notice to all people who have an interest in the property, such as other owners, lienholders, and parties with recorded claims.
Before you file: practical checklist
- Confirm ownership — obtain a copy of the deed or title report to confirm names and ownership shares.
- Check for liens — locate mortgages, tax liens, judgment liens, or other encumbrances on the title.
- Try to resolve the dispute — send a written demand or settlement offer to your co-owner(s). Courts often expect parties to try negotiation before litigation.
- Estimate equity and costs — calculate mortgage balances, taxes, likely closing costs, and estimated sale proceeds.
- Gather documentation — deed(s), mortgage statements, property tax bills, insurance records, and receipts for improvements.
Filing the partition complaint in Arkansas circuit court
1) Venue and court: File a complaint for partition in the Circuit Court of the county where the real property is located.
2) Parties: Name as defendants all co-owners and anyone with a recorded interest (mortgagees, judgment lienholders, and heirs who claim an interest). If you do not know every claimant, Arkansas procedures allow the court to require publication notice to unknown or missing parties.
3) Pleading: The complaint should state your ownership interest, identify all other known claimants, describe the property, and request either partition in kind (physical division) or, if division in kind is impracticable, a partition by sale. Ask the court to appoint a commissioner or referee to make and report a division or sale of the property.
4) Service: Serve each defendant with process according to Arkansas rules. If defendants cannot be found, the court may permit publication notice.
What the court can do
Partition in kind: The preferred outcome is physical division of the land so each owner receives a portion. That works when the property can be divided fairly without greatly reducing value.
Partition by sale: If a fair physical division is impracticable or inequitable (common for houses on a single lot), the court will order a sale and divide the proceeds among owners after paying liens and costs. Courts consider practicality and fairness in deciding.
Appointment of commissioner or referee: Arkansas courts commonly appoint a commissioner to oversee sale logistics (appraisals, advertising, sale). The commissioner reports back to the court which confirms the sale and authorizes distribution of proceeds.
Costs, liens, mortgages, and distribution
Liens and mortgages remain attached to the property. Typically the sale proceeds pay mortgage balances, taxes, and court costs first. Remaining net proceeds are distributed according to ownership shares, after any allowed credits (for mortgage payments, improvements, or rents) the court deems appropriate.
Common procedural steps and timeline
- File complaint and pay filing fee (varies by county).
- Serve defendants; allow time for responses.
- Pretrial matters: the court may encourage settlement or mediation.
- Appointment of commissioner/referee and appraisal.
- If sale ordered: advertisement, public sale or sale under court supervision, confirmation hearing.
- Distribution of proceeds after confirmation (and possible appeal window).
Timeline varies. If parties contest issues such as ownership shares, lien priority, or valuation, the process can take many months or longer.
What to expect if your sister won’t sign
If your sister refuses to sign a sale or transfer, refusal alone does not prevent a partition action. The court can order a sale over her objection. However, contested facts (for example, whether she has equal ownership or whether a buyout is fair) can lengthen the case. Courts also may consider whether one co-owner has exclusive possession or has paid a disproportionate share of expenses, and can adjust distributions accordingly.
Costs and possible outcomes
Expect court filing fees, possible commissioner fees, appraisal and advertising costs, and attorneys’ fees if you hire counsel. The final outcome might be a physical partition, a sale with net proceeds divided, or an agreed buyout in which one owner buys out the other’s share. In some cases, parties reach settlement before sale.
When to hire an Arkansas attorney
Consider consulting a licensed Arkansas attorney if:
- Title is unclear or disputed.
- Significant liens or mortgages exist.
- There is potential for offsetting claims (payments, improvements, or trespass).
- You want to preserve the property or seek an accounting for rents and expenses.
An attorney can prepare pleadings, handle service and notice, negotiate buyouts, and represent you at hearings.
Helpful links
- Arkansas Legislature website: https://www.arkleg.state.ar.us/ (use the code search to read Title 18 partition statutes).
- Arkansas Judiciary information (for locating circuit court clerks and local filing rules): https://www.arcourts.gov/
Helpful Hints
- Start with a clear title search. Know exactly who is on the deed before filing.
- Document all payments you made for mortgage, taxes, or improvements. The court can offset those costs when distributing proceeds.
- Attempt a written buyout offer before filing — a negotiated buyout often saves time and costs.
- If the property has a mortgage, contact the lender to learn whether a sale or transfer triggers acceleration or other requirements.
- Preserve records of communications with your co-owner. Courts may consider effort to settle and negotiation history.
- Ask the circuit court clerk about local filing fees and any county-specific forms or procedures.
- If you suspect hidden claimants (unrecorded heirs), tell the clerk — the court can order published notice to protect the sale.
Final note and disclaimer
This article is educational and explains general Arkansas procedures for partition actions. It does not provide legal advice and does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Arkansas attorney who handles real property and partition matters.