Detailed answer — Can a co‑owner force a sale in Arkansas?

Short answer: Yes. If co‑owners (including heirs) refuse to mediate, refuse to cooperate, or will not sign documents to sell jointly owned property, one or more owners can usually ask a court to divide or force the sale of the property through a partition action under Arkansas law.

This answer explains how a forced sale typically works in Arkansas, the practical steps you can expect, the kinds of outcomes the court may order, and situations that can affect the process.

Who can file and where?

Any person who holds an ownership interest in the property (for example, tenants in common or heirs who inherited an undivided share) may file a partition action. The complaint is filed in the court that has jurisdiction over real property disputes in the county where the land is located — generally the circuit or chancery court in many Arkansas counties. The filing asks the court to divide the property (partition in kind) or, if division is impracticable, to order a sale (partition by sale) and to divide the sale proceeds among the owners according to their ownership shares.

Typical court process

1. Complaint: The plaintiff files a complaint asking for partition; the complaint names all co‑owners and any lienholders.
2. Service & response: Co‑owners and lienholders are served and can respond. If heirs are unreachable, the court has procedures for service by publication.
3. Valuation & discovery: Parties exchange information. The court may order appraisals or a commissioner to determine fair value.
4. Attempt at division: The court will consider whether the land can be physically divided without materially impairing value (partition in kind). If a fair physical division is possible, the court may order it.
5. Order of sale: If the court finds division in kind is impracticable or unfair, it will order sale. The court supervises the sale process (often by appointing a commissioner or directing a public auction or private sale subject to court confirmation).
6. Distribution: After paying costs, taxes, mortgages, and liens, the court divides the net proceeds among co‑owners according to their ownership shares.

What happens if heirs refuse mediation or won’t sign?

Refusing mediation or refusing to sign sale documents does not usually prevent a partition action. The court has the authority to proceed without unanimous consent. The court can:

• Order participation in court‑ordered settlement conferences or ADR, and in some circumstances may impose sanctions for obstructive conduct, but the court cannot allow a single co‑owner’s refusal to block a partition action indefinitely.
• Order a partition by sale and direct how the property will be sold (public auction, private sale under court supervision, or sale by a court appointee/commissioner).
• Approve a buyout where one co‑owner pays fair value to buy out the others; if the hesitant co‑owner refuses to accept payment, the court can still order sale and distribution of proceeds.

Common court outcomes

Depending on facts, the court usually orders one of the following:

• Partition in kind: The property is physically divided among the owners (rare for a single house lot but possible for large parcels).
• Partition by sale: The property is sold and proceeds divided. This is the typical remedy when physical division would be inequitable or impractical.
• Buyout: The court may give one owner the chance to purchase others’ interests at a court‑determined value before sale.

Practical constraints and special issues in Arkansas

• Liens, mortgages, and taxes: Existing mortgages and tax liens must be satisfied from sale proceeds. A lienholder will be named in the case and can protect its lien.
• Homestead and family protections: Certain statutory protections (homestead rights, family allowances, or claims arising under probate) can affect how and whether a property is sold. If a party claims a homestead exemption or certain statutory rights, the court will consider those claims before ordering sale.
• Minor or incapacitated owners: If an heir is a minor or incapacitated, the court will appoint a guardian ad litem or other representative and take extra steps to protect that party’s interest.
• Costs and timing: Partition suits take time and carry litigation costs (filing fees, appraisals, attorney fees, commissioner fees, and sale costs). The court commonly charges these costs against the net proceeds before division.

How mediation refusal affects settlement options

Mediation often helps avoid expense and delay. If some heirs refuse to mediate, the case can still proceed, and the court will not be required to postpone relief indefinitely. A refusal may make a favorable negotiated buyout or sale agreement less likely, but it generally will not prevent the court from ordering partition or sale.

Where to look in Arkansas law

State rules and statutes govern partition procedures and court powers. For access to the official Arkansas Code and to search for statutes on partition, use the Arkansas General Assembly code search: https://www.arkleg.state.ar.us/. For information about court procedures and where to file, consult the Arkansas Administrative Office of the Courts: https://www.arcourts.gov/.

Helpful hints — Practical steps if co‑owners refuse to cooperate

• Confirm ownership type: Check the deed to see whether title is held as tenants in common, joint tenants, or otherwise. Tenants in common have distinct shares and can force partition; joint tenancy can carry right of survivorship, which changes estate planning outcomes.
• Get an attorney early: A lawyer who handles real property or probate/estate disputes can evaluate whether a partition action is appropriate and prepare the complaint, name parties, and handle complex issues such as liens and claims by creditors.
• Try mediation first: Even if some heirs resist, offer mediation in writing. A mediated buyout or sale agreement saves time and cost if it succeeds.
• Document objections: If heirs refuse to cooperate, get refusals in writing and document attempts to settle. That record can help in court and may affect court orders on costs or sanctions.
• Consider temporary orders: Depending on the case, you may ask the court for temporary relief (e.g., exclusive use, payment of ongoing expenses, or injunctions against waste) to protect the property value while the case proceeds.
• Plan for costs and timing: Expect months of litigation and costs like appraisals, commissioner fees, and sale expenses. Evaluate whether a negotiated buyout is worth pursuing to avoid those costs.
• Watch for homestead or probate claims: If the property is part of an estate, ensure probate issues are coordinated with any partition suit. Arkansas has specific statutes and procedures that may affect homestead claims and heir rights.