Can I force a partition sale of a house I co-own with my sibling in Arkansas?

Short answer: Yes—under Arkansas law a co-owner can ask a court to partition real property and order a sale if physical division is impracticable. The usual path is a civil partition action in the circuit court where the property sits. This article explains how that process generally works in Arkansas, practical steps to take first, and issues that often arise after a parent dies.

Disclaimer

This is educational information, not legal advice. I am not a lawyer. Use this to understand the process and prepare questions for a licensed Arkansas attorney.

Detailed answer — How partition works in Arkansas

What is a partition action?

A partition action is a lawsuit one or more co-owners file to divide or sell jointly owned real property. Arkansas law provides a statutory process for partition. If the court finds the property cannot be fairly divided (partition in kind), it will order a partition by sale and distribute proceeds among the owners.

See Arkansas partition statutes (Title 18, Partition) for the statutory framework: Arkansas Code, Title 18, Chapter 60 (Partition).

Who may file?

Any person who holds an ownership interest in the property (for example, a tenant in common) can file a partition action. If the property is still part of a decedent’s probate estate, the executor or administrator or heirs with title may need to take certain probate steps first. See Arkansas probate and decedent’s estate statutes: Arkansas Code, Title 28 (Decedents’ Estates).

Typical steps in a partition action

Title check: Confirm how title currently stands (deed, survivorship deed, probate status). If title is still in your late father’s name, the property may need to pass through probate or be administered as heirs’ property before a partition petition is filed.
Attempt resolution: Demand a buyout or negotiate sale or mediation. Courts often expect parties to try to resolve the dispute before litigation.
File complaint: File a verified complaint for partition in the appropriate Arkansas circuit court where the property is located. The complaint names all co-owners and interested parties, describes the property, and prays for partition in kind or by sale.
Service and response: Serve co-owners and give them opportunity to answer. The court may appoint commissioners (or referees) to survey, value, and propose division or sale steps under the statute.
Commissioners’ report: If physical division is impracticable, the court can order a public sale. The report typically recommends sale terms and division of proceeds after costs, liens, credits for improvements, and reimbursements are applied.
Sale and distribution: The court oversees the sale (often by auction or court-ordered sale procedure) and distributes proceeds according to ownership shares and any adjudicated offsets.

Arkansas statutes governing partition procedure set out how commissioners are appointed and how sales proceed—see Ark. Code, Title 18, Chapter 60.

Common issues after a parent dies

Was title transferred? If the property was not re-titled (for example, via probate or a survivorship deed), you may not yet be a co-owner with your sibling. You may need a probate transfer or a quiet-title action before partition.
Intestate succession and heirs’ property: If the decedent died without a will, Arkansas intestate succession statutes determine who owns the property. That can complicate who you must name in a partition action.
Homestead or creditor claims: Liens, mortgage, taxes, or a surviving spouse’s homestead rights can affect the availability and timing of a sale.
Contributions and credits: The court can account for one co-owner’s payments for mortgage, taxes, insurance, or improvements and award credits when dividing proceeds.

Costs, timeline, and likely outcomes

Partition suits commonly take several months to over a year depending on complexity (title questions, probate, number of claimants). Expect court filing fees, costs for appraisal and commissioners, possible title searches, and attorneys’ fees. Courts sometimes award attorneys’ fees or reimbursements when equitable, but you should not rely on full fee-shifting.

Practical steps to take now

Get a current title report or certified copy of the deed from the county recorder to confirm ownership and any liens.
Find out whether your father’s estate is open in probate. If it is, talk to the personal representative or probate attorney about distribution.
Request an appraisal or at least a market estimate so you have a dollar basis for buyout offers or sale expectations.
Send a written demand to your sibling offering options (buyout at market value, joint sale, mediation) and keep a copy. Courts like to see attempts at resolution.
If you cannot agree, consult a local Arkansas real property attorney about filing a partition complaint in circuit court.

Alternatives to court

Negotiate a buyout: One co-owner buys the other’s share using a lender or family financing.
Sell cooperatively on the open market and split proceeds.
Mediation or arbitration to set sale terms, timing, and credits for expenses.
Quiet-title actions if there are title clouds before partition will be effective.

Helpful Hints

Verify title first. If you aren’t yet on title, you may need probate or a deed to claim ownership before partition.
Document payments. Keep records of mortgage, tax, insurance, and repair payments; the court may credit them.
Get an appraisal early. A neutral market value estimate helps buyout offers and settlement talks.
Be realistic about costs. Court-ordered sales deduct costs and fees; a negotiated sale often yields a better net result for all owners.
Consider mediation. It’s usually faster and cheaper than a full partition suit and preserves relationships where possible.
Ask about homestead and probate. If a surviving spouse or minor children have rights, those must be addressed before or during partition.
Hire local counsel. Arkansas circuit courts and local practice rules vary; a local attorney can prepare pleadings, serve parties, and protect your financial interests.

Where to start

Start by ordering a title report at the county recorder’s office and contacting the personal representative if a probate exists. Then try a written settlement demand and an appraisal. If those steps fail, consult a licensed Arkansas real estate or probate attorney about filing a partition action in the circuit court where the property is located.