Detailed Answer — How heirs can keep a jointly owned house in Arkansas

When a decedent’s home passes to multiple heirs, the co-ownership can create pressure to sell the property. Arkansas law provides ways for co-owners to keep the house, but the practical options depend on title, mortgage status, and whether the co-owners can reach agreement. This answer explains the typical legal concepts, realistic paths to keeping the home, and what can happen if co-owners cannot agree.

Key legal concepts (plain language)

Form of ownership matters: Heirs commonly own the property as tenants in common (each owns an undivided share). If title shows joint tenancy with right of survivorship, the survivor may own the whole house automatically. Determine how title is held by checking the deed recorded in the county recorder’s office.
Mortgage and liens: Ownership of the deed is separate from who is responsible for the mortgage. If the lender’s loan remains unpaid, the lender can pursue foreclosure even if heirs want to keep the home.
Partition actions: If co-owners cannot agree, any co-owner may file a partition action in Arkansas circuit court to force a division or sale of the property. In many cases the court orders sale and splits proceeds among owners. Courts prefer partition in kind (physical division) only when practical; otherwise they order sale and division of proceeds.

For general statutory structure on property and partition matters, see the Arkansas General Assembly code resources: https://www.arkleg.state.ar.us/. If you are dealing with probate or title questions, the Arkansas Court system’s resources can help explain local procedures: https://www.arcourts.gov/.

Practical ways heirs can keep the house

Here are the most common, practical paths to keeping the home rather than selling it outright.

Buyout a co-owner’s share
One heir (or a third party buying for the heir) pays the other heirs fair market value for their shares. Steps:

Get a professional appraisal to establish fair market value.
Calculate each heir’s share and make a written offer.
Complete a deed transfer and record it once payment is made.

Pros: Simple if funds are available; once recorded, the buying heir owns the house free of co-owner dispute (subject to mortgage). Cons: Requires cash or financing to pay out other heirs.

Refinance the mortgage into one heir’s name
If the mortgage is the obstacle, a heir who can qualify for the loan can refinance, pay off the old loan, and remove other heirs from the mortgage. That heir can then buy out the other heirs or keep them as co-owners but on a new loan arrangement.

Talk to lenders early; refinancing approval depends on credit, income, and property value.

Enter a co-ownership agreement or family transfer plan
Co-owners can sign a written agreement that sets use, expense sharing, timelines, buy-sell terms, and procedures if one wants out. The agreement can require mediation or a specific buyout formula before any sale.

Put key provisions in writing and record a memorandum if desired.

Mediated resolution
Use a neutral mediator to negotiate a buyout, repayment plan, or schedule for one heir to obtain financing. Courts often require reasonable attempts to mediate before ordering contested relief.

Partition in kind (rare) or co-ownership transfer
If the property is divisible (large parcel, multiple dwellings, or land that can be physically partitioned without destroying value), the court or the owners might agree to a partition in kind so each gets a physical portion. More commonly, partition in kind is impractical and courts order sale.

What happens if owners cannot agree

If negotiations fail, any co-owner may sue for partition in the circuit court where the property is located. The court can order:

Partition in kind (physical division), if feasible;
An order that the property be sold and proceeds divided among owners; or
Specific directions about expenses, credits, or rights resulting from improvements and mortgage payments while co-ownership existed.

Because a partition action can force a sale, heirs who want to keep the home should act promptly to negotiate or protect their interest.

How to start — step-by-step checklist

Locate the deed and any will or probate documents. Confirm how title is held (joint tenancy vs tenancy in common).
Check for mortgage, tax liens, or other encumbrances on the property via county records.
Obtain a market appraisal to determine value.
Discuss options with your co-heirs: buyout, refinance, co-ownership agreement, or sale.
If negotiation fails, consider mediation before filing suit. If one heir files a partition action, the court could order sale.
Consult a local Arkansas attorney experienced in probate, real estate, or partition actions for drafting buyout agreements, handling refinancing, or representing you in court.

Sample hypothetical

Hypothetical facts: Three siblings inherit a house as tenants in common after their parent dies. Two siblings want to sell; the third wants to keep the home. Affordable buyout could work: get an appraisal showing $300,000 value; each sibling’s share is $100,000. The sibling who wants the house either obtains a mortgage or personal loan to buy the other two for $200,000 (or negotiates a lower price), records deeds transferring title, and refinances the original mortgage into his or her own name. If the siblings cannot agree, one of them could file a partition action in circuit court and the court may order the house sold and proceeds divided.

Costs, timing, and common pitfalls

Appraisals, attorney fees, and court costs can be substantial. Compare the cost of litigation to negotiated buyout.
Someone making mortgage payments or paying taxes may be entitled to credit in a partition action; keep careful records.
Waiting too long may allow creditors (including the mortgage lender) to foreclose.
Informal agreements are easier to misunderstand; always reduce important agreements to a written document and record deed transfers.

Where to look in Arkansas law

Arkansas law recognizes partition remedies and the obligations of co-owners. For official statutory texts and to research statutes by keyword (for example, “partition,” “tenancy in common,” or “probate”), use the Arkansas General Assembly’s code search and browse tool: https://www.arkleg.state.ar.us/. For court procedure and forms related to civil actions (including partition), see the Arkansas Judiciary: https://www.arcourts.gov/.

Because statutes and local rules change and each situation is fact-specific, consult an Arkansas attorney for advice tailored to your case. You can look for local counsel experienced with real estate and probate matters through the Arkansas Bar Association or your county bar referral service.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. It explains general Arkansas concepts about co-ownership and partition. For advice about your particular situation, consult a licensed Arkansas attorney.

Helpful Hints

Get the deed and mortgage documents first — they usually answer the most important legal questions.
Get a current professional appraisal before discussing numbers with co-heirs.
Keep written records of payments you make for mortgage, taxes, and improvements; they can affect credits in court.
Try mediation early — it’s cheaper and faster than litigation.
If you plan to refinance to facilitate a buyout, get pre-approval before making an offer to co-heirs.
Ask whether the decedent left a will and whether a probate estate is open; probate may affect title and who has authority to act.