Short answer

If co‑owners cannot or do not want to physically divide the property, a co‑owner can seek a monetary buyout through agreement with the other owners or by asking the court to order a sale and split the proceeds. Under Arkansas law, courts can order partition in kind (physical division) or partition by sale when division in kind is impractical; courts also oversee valuation and distribution. See Ark. Code Ann. ch. 18‑60 (partition statutes).

Detailed Answer — how this works in Arkansas

This section explains, in plain language, how a co‑owner who would rather receive money than a portion of the physical property can proceed under Arkansas law. I am not a lawyer; this is educational information, not legal advice.

Key concepts explained

• Co‑owner (co‑tenant): A person who owns an interest in the same piece of property with one or more other people (joint owners, tenants in common, etc.).
• Partition: The legal process that divides ownership when co‑owners disagree. Partition can be in kind (physical division) or by sale (property sold and proceeds distributed).
• Buyout: One co‑owner pays the others for their share so the paying owner ends up with full ownership and the others receive money.

Options to obtain money instead of a physical share

1. Private negotiated buyout (best first step)

   Co‑owners can agree that one owner will buy the others’ shares for an agreed price. This avoids court, is usually faster, and saves fees. Typical steps: get an independent appraisal, negotiate a price based on market value and shares, sign a written buyout agreement, and complete a deed transfer and closing.

2. Partition by agreement

   Co‑owners can sign a partition agreement that specifies a sale or buyout process. The agreement can direct an immediate sale, a buyout formula, or a schedule for sale and distribution.

3. Partition lawsuit in circuit court (if negotiation fails)

   If co‑owners cannot agree, Arkansas law allows any co‑owner to file a civil action for partition in the county’s circuit court. The court has the power to order partition in kind or partition by sale. When the court finds that a physical division is impractical or would substantially impair value, it will order sale and distribution of proceeds.

   Arkansas partition statutes govern these actions (see Ark. Code Ann. Title 18, Chapter 60). For information about the Arkansas Code and to locate these sections, see the Arkansas General Assembly website: https://www.arkleg.state.ar.us/.

4. Judicial buyout alternative

   In some cases the court can award the property to one co‑owner and require that owner to pay the other(s) the fair value of their interests instead of physically dividing the land. This effectively creates a court‑ordered buyout. Whether the court will do this depends on the circumstances, practicality of division, and fairness to the parties.

How the court determines sale versus division and how money is calculated

When deciding whether to order a sale rather than divide the land, Arkansas courts consider factors such as:

• Whether the property can be divided without materially impairing value
• The number of owners and the size of each share
• Practical issues: zoning, topography, structures, access
• Any prior agreements among the owners

If the court orders sale, it will supervise valuation (often via an appraisal), payment of liens and costs from sale proceeds, and distribution of the net proceeds to owners according to their ownership shares. If the court orders a buyout, it will determine the fair value of each co‑owner’s interest — typically using appraisal evidence — and issue a judgment requiring payment.

Typical procedural steps in Arkansas

1. Collect ownership documents (deeds, title reports, mortgage and lien information).
2. Get an independent appraisal to establish market value.
3. Try negotiation or mediation to reach a buyout agreement.
4. If no agreement, file a complaint for partition in the appropriate Arkansas circuit court. The complaint asks the court to order division or sale and distribution.
5. The court may appoint commissioners or order appraisals, set hearings, and decide whether to divide or sell.
6. If sale is ordered, court supervision ensures the sale follows procedure, pays liens and costs, and divides net proceeds. If a buyout is ordered, the court will enter a money judgment and a mechanism to transfer title will follow.

Costs, timeline, and risks

Court actions can take months to over a year depending on complexity and local docket. Expect appraisal fees, court filing fees, attorney fees, and possible sale costs. Net proceeds may be reduced by liens, taxes, and costs. Private buyouts are usually faster and cheaper but require agreement.

Examples (hypothetical scenarios)

Example A — Simple buyout: Two siblings each own 50% of a house. One wishes to keep the house. They obtain an appraisal showing market value of $200,000. The keeping sibling buys out the other for $100,000 and the deed is transferred.

Example B — Court sale: Three owners own an irregular lake lot. Physical division is impractical. One owner files for partition. The court orders sale and splits net proceeds by ownership percentage after paying mortgages and sale costs.

Statutes and sources

Arkansas law sets out partition procedures in the Arkansas Code, Title 18 (real and personal property). For statutory language and to find the partition sections, see the Arkansas General Assembly site: https://www.arkleg.state.ar.us/. For court procedures and local practice, check the Arkansas Judiciary website: https://www.arcourts.gov/.

When to consult an attorney

Consider an attorney if any of these apply:

• Disagreements about ownership shares or title defects
• Mortgages, liens, or creditors could affect sale proceeds
• There are built structures or complex valuation issues
• You want to file a partition action or need advice negotiating a buyout

An attorney can prepare documents, negotiate settlements, advise on tax consequences, and represent you in court.

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

Helpful Hints

• Start by getting a current, independent appraisal to know the property’s market value.
• Try negotiation or mediation before filing suit — it’s faster and cheaper.
• Get a written buyout agreement that includes price, closing date, and deed transfer terms.
• Check title and liens early; unpaid mortgages or judgments reduce sale proceeds.
• Ask whether local courts commonly appoint commissioners or referees for partition — that affects timing.
• Keep careful records of communications and offers in case you later file for partition.
• Consult an Arkansas real‑estate attorney if ownership shares, estate issues, or creditors complicate the situation.