Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for assistance with your situation.
Detailed Answer
In Arkansas, any co-owner of real property may file a partition action per Ark. Code Ann. § 18-60-401. Partition suits allow you to divide property physically or order its sale, with proceeds split among co-owners. Spouses typically hold title as joint tenants or tenants in common, both of which support partition.
Filing a partition action after separation but before divorce gives you the right to seek a split under the partition statutes. However, partition does not change how a divorce court will divide marital assets under the equitable distribution rules in Ark. Code Ann. § 9-12-315. Divorce courts retain authority to distribute both real and personal property fairly between spouses.
Once a divorce petition is filed, the chancery court may issue orders to protect marital property under Ark. Code Ann. § 9-12-317. Judges can enjoin or stay partition actions to prevent either spouse from disposing of or concealing assets during the divorce process.
Because a partition action can alter the form of your interest without resolving how assets will be divided in divorce, many spouses choose to address property distribution through the divorce proceeding itself. If you pursue partition first, a divorce court could still review and adjust how proceeds are allocated.
Helpful Hints
- Identify your title type: joint tenancy vs. tenancy in common determines partition rights.
- Consider timing: waiting until divorce may avoid complex partition litigation.
- Compile key documents: deed, title policy, mortgage statements and surveys aid the partition process.
- Explore mediation: it can resolve property disputes efficiently without court.
- Budget wisely: partition suits involve court fees, surveyor costs and possibly attorneys’ fees.
- Consult a family law attorney: get guidance on how partition affects your divorce strategy.