Arkansas: How to Confirm Your Ownership Percentage in Your Parents’ Real Property | Arkansas Partition Actions | FastCounsel
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Arkansas: How to Confirm Your Ownership Percentage in Your Parents’ Real Property

Detailed answer — How to verify your ownership percentage in Arkansas real property

Short answer: Start by locating and reading the recorded deed(s) and any later instruments (quitclaim deeds, wills, trust documents, probate orders). If the deed expressly states each owner’s fractional interest, that controls. If the deed is silent, co-owners are generally treated as holding equal undivided shares unless other clear evidence shows a different split. If documents are missing or the ownership is disputed, obtain a title report and talk with a real estate or property attorney about a quiet-title or partition action.

Important disclaimer: This is educational information only and not legal advice. For advice about your particular situation, consult a licensed Arkansas attorney.

Step-by-step process to confirm your percentage of ownership

  1. Find the recorded deed
    Go to the county recorder (often called the County Recorder of Deeds or County Clerk) where the property sits and get a certified copy of the recorded deed(s). Most counties have online indexes for recorded documents. The recorded deed is the primary document that shows who owns the property and how title was taken.
  2. Read the words of the deed carefully
    Look for phrases that define how title is held: “as tenants in common, each owning an undivided one-half interest,” or “as joint tenants with right of survivorship,” or “husband and wife”/“tenancy by the entirety.” If the deed lists specific fractions or percentages, those control the ownership split.
  3. If the deed does not list percentages, the usual presumption
    When a deed names multiple owners but does not specify percentages, courts commonly presume equal shares among the named co-owners unless there is clear evidence otherwise (for example, later written agreements, deeds, or transfer documents showing a different split).
  4. Check for later documents that change ownership
    Search the chain of title for deeds, quitclaim deeds, court orders, probate filings, or recorded transfer-on-death or trust documents that might change ownership after the original deed. A parent’s will alone may not change title during their lifetime; look for recorded instruments or probate orders after death.
  5. Order a preliminary title report or full title search
    A title company or an attorney can run a complete title search and produce a title report showing who currently holds legal title, the precise form of ownership, mortgages, liens, or encumbrances, and any boundary or recorded disputes.
  6. Collect supporting evidence of contribution or intention
    If the coverage in the recorded documents is unclear, gather evidence such as settlement statements, who paid the mortgage or taxes, receipts for large improvements, written communications about ownership shares, and estate planning documents. Courts will consider this evidence if ownership shares are disputed.
  7. If you cannot resolve the question informally, consider legal action
    An Arkansas attorney can advise whether to file a quiet-title action (to confirm or remove claims to title) or a partition action (to divide or force the sale of property among co-owners and divide proceeds). These court actions officially determine ownership interests when documents don’t.

How common ownership forms affect your percentage

  • Tenants in common: Each owner has an individual, divisible share that can be unequal. If the deed doesn’t state shares, equal division is normally presumed.
  • Joint tenancy with right of survivorship: Co-owners hold equal shares and, on an owner’s death, the surviving owners usually inherit the deceased owner’s share automatically (so probate may not transfer that share).
  • Tenancy by the entirety: Some married couples hold title this way (it gives survivorship rights and special protections). Rules about this form vary, so check the deed wording.

What to do if your parents plan to sell

  • Ask the seller (your parents or their representative) for a copy of the current deed and any recent title insurance policy or title report.
  • Confirm who must sign the deed to sell: all legal owners on record usually must sign. If you hold an ownership interest, the seller cannot clear title without addressing your interest.
  • If you have an ownership interest and you disagree about the sale, contact a real estate attorney promptly — delaying can limit remedies.

Evidence checklist to build your claim

  • Certified copy of the current recorded deed(s)
  • All prior deeds in the chain of title
  • Mortgage and payment records
  • Property tax records and bills
  • Receipts and canceled checks for improvements or maintenance
  • Wills, trust documents, or probate orders
  • Written agreements among the owners

When to consult an Arkansas attorney

Consider talking with a real estate or property attorney if any of the following apply:

  • The deed language is unclear or absent.
  • You believe you own an interest but are not named on the deed.
  • Someone intends to sell and you dispute the ownership or the percentage you are owed.
  • You need to file a quiet-title or partition action to enforce or clarify your rights.

An attorney can order a full title search, evaluate documentary evidence, and file the correct court action to protect your rights.

Useful Arkansas resources

  • Arkansas Legislature — Arkansas Code and statutes (search Title sections on property, conveyancing, and related civil procedures): https://www.arkleg.state.ar.us/
  • Arkansas Judiciary (for information about filing civil actions, local rules, and court contacts): https://www.courts.arkansas.gov/
  • County Recorder/Recorder of Deeds or County Clerk — use the county where the property sits to search recorded documents (county websites vary).

Helpful hints

  • Start at the county recorder: a certified copy of the recorded deed is the fastest way to see the current legal owners.
  • If the deed doesn’t list percentages, expect an equal-division presumption unless you have clear documentation otherwise.
  • Title companies can produce a preliminary report quickly and show liens or other encumbrances that may affect a sale.
  • Keep originals and make certified copies of all documents you collect; courts and title companies prefer certified records.
  • Don’t rely solely on family statements. Only recorded documents or court orders determine legal ownership.
  • If a parent transferred title to someone else before death, check whether the transfer was properly recorded — unrecorded transfers can create disputes.
  • Act quickly if you suspect a sale is imminent. Injunctive relief or a temporary court order may stop a sale while you resolve ownership claims.

Final note: Property ownership issues can turn on fine legal points and local practice. Use the steps and checklist above to gather documents and facts, and consult an Arkansas attorney to protect your rights and, if needed, pursue quiet-title or partition litigation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.