Detailed Answer: How to start a partition lawsuit in Arkansas when co-owners refuse to agree
Short answer: If you and your relatives co-own inherited real property and they refuse to agree to a division or sale, you can ask an Arkansas circuit court to force a partition. A court can either divide the land among the co-owners (partition in kind) or order a sale and divide the proceeds (partition by sale).
Who can file
Any legal co-owner of the land may file. That includes heirs who received ownership by will or intestacy, or someone who otherwise holds title. The plaintiff must show a legal interest in the property (a recorded deed, probate order, or other title evidence).
Basic statutory framework
Arkansas law provides civil procedures for partition actions. For official text and details, consult the Arkansas Code through the Arkansas legislature website: https://www.arkleg.state.ar.us/ (search for the partition provisions and related statutes). Courts treat partition as an equitable remedy and apply rules for procedure, notice, and appointment of commissioners.
Step-by-step: How to start the lawsuit
- Confirm ownership and title type. Determine how you and your relatives hold title. Heirs usually hold as tenants in common (each has a distinct share), which supports a partition action. Locate deeds, the probate order or will, and the recorded chain of title.
- Collect essential documents. Get copies of the deed(s), death certificate(s), probate case file or order confirming heirs (if applicable), mortgage or lien documents, and any agreements among owners. You’ll also want a recent property survey and an appraisal or broker opinion of value.
- Decide what relief to request. You will typically ask the court either to:
- Order partition in kind (divide the land physically among co-owners), or
- Order a sale (court-ordered public sale) and distribute net proceeds among owners according to their shares.
- Prepare and file a complaint for partition in the proper court. In Arkansas, civil property disputes like partition are filed in the circuit court for the county where the land lies. The complaint names all co-owners and any lienholders or parties with recorded interests. The complaint should state your ownership interest, why a partition is necessary, and what form of partition you request.
- Serve all interested parties. Proper service is critical. Each co-owner, mortgagee, lienholder, and anyone with an interest must be served with the complaint and summons according to Arkansas rules.
- Preliminary court steps. The court may schedule a hearing, require mediation, or refer the matter to commissioners or a master. Arkansas courts commonly appoint commissioners or special masters to inspect the property, try to divide it, or arrange for sale.
- Commissioners’ report and court decision. If the court appoints commissioners, they evaluate whether a fair in-kind division is possible. If not, they typically recommend sale. The court reviews the report, hears objections, and issues an order for division or sale. The court will allocate sale proceeds after paying liens, taxes, and approved costs.
- Sale and distribution (if ordered). If the court orders sale, the property is sold (often at public auction). Net proceeds are divided per ownership shares after liens, expenses, and court costs are paid.
Common complications and how Arkansas courts handle them
- Mortgages and liens. A partition action does not erase mortgages or valid liens. Liens are typically satisfied from sale proceeds before distribution to owners.
- Improvements, encumbrances, or co-owner occupancy. The court may account for unequal contributions, rent owed by occupying co-owners, or improvements when allocating net proceeds.
- Small or irregular parcels. If the property cannot be fairly divided without prejudice to owners’ interests, courts usually order a sale.
- Missing or unknown heirs. The plaintiff must make reasonable efforts to identify and serve all parties with recorded interests. If parties are truly unknown, notice by publication may be required under Arkansas procedure.
Practical timeline and costs
Partition cases vary in length. A straightforward action with agreement on procedure may resolve in a few months. Contested matters with title disputes, environmental concerns, or complex improvements can take a year or more. Expect court filing fees, costs for service, appraisal and survey fees, commissioner fees, and possible attorney fees. Courts sometimes allocate costs among owners; in some situations the court may award attorney fees, but that is discretionary.
Alternatives to litigation
Because court actions can be costly and divisive, consider alternatives first:
- Offer a buyout: have one co-owner purchase others’ shares based on appraisal.
- Sell the property by agreement and split proceeds privately.
- Use mediation or neutral valuation to reach a settlement.
- Partition by agreement: owners can sign a written partition agreement and record it.
When to hire an attorney
You should strongly consider hiring an attorney if:
- Title is unclear or contested.
- There are mortgages, tax liens, or multiple creditors.
- Co-owners are uncooperative or absent.
- The property has complex zoning, environmental, or survey issues.
What to bring to an initial attorney meeting
- Deeds, probate orders, or other title documents.
- Death certificates and the decedent’s will or probate file if the property came through an estate.
- Copies of any written agreements among owners, leases, or occupancy records.
- Mortgage, tax, or lien documents.
- Any surveys, appraisals, or maps.
Where to find Arkansas law and court forms
For official statutes and code, visit the Arkansas General Assembly website: https://www.arkleg.state.ar.us/ and search the Arkansas Code for the sections on partition and property law. For local court filing rules and forms, visit the Arkansas Judiciary website: https://www.arcourts.gov/ or the circuit court clerk’s office for the county where the land is located.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Arkansas attorney.
Helpful Hints
- Start by gathering title documents before speaking to anyone—clear records make the process smoother.
- Get a recent professional appraisal so offers and court valuations are realistic.
- Consider mediation early; courts often encourage settlement and it saves time and money.
- Make sure you name all parties with a recorded interest to avoid delays from incomplete service.
- Ask about provisional remedies with an attorney (for example, temporary injunctions) if a co-owner is devaluing or damaging the property.
- Keep detailed records of any payments you make for taxes, mortgages, or improvements—courts may credit those amounts.
- Check whether homestead or family exemptions apply before assuming an easy sale of the property.
- Be prepared that the court may order sale if a fair physical division would be impractical.