FAQ: How to file a partition-for-sale suit in Arkansas when some siblings refuse to sell inherited land

Disclaimer: This article is for general informational purposes only and is not legal advice. It explains how partition-for-sale actions generally work under Arkansas law. For advice specific to your situation, consult a licensed Arkansas attorney.

Detailed answer: What a partition-for-sale is and when you can use it

A partition action asks a court to divide property owned by two or more people (co-owners) so each person can receive their share. If dividing the land physically (partition in kind) isn’t practical, the court can order a public sale and divide the sale proceeds among the owners — that is a partition-for-sale.

In Arkansas, co-owners who hold property as tenants in common generally have the right to seek partition. If you inherited land with siblings and a minority of them refuses to sell, a partition-for-sale lawsuit in circuit court is the usual legal route to force sale and distribution of proceeds when neighbors cannot agree.

Basic legal framework and where to look for the law

Partition actions are filed in Arkansas circuit court. The Arkansas statutes and court rules govern procedure and related remedies. For statutory language and to locate specific provisions, see the Arkansas General Assembly site: https://www.arkleg.state.ar.us/. For court procedures and local circuit court information, see the Arkansas Courts site: https://www.arcourts.gov/.

Step-by-step: how to prepare and file a partition-for-sale suit in Arkansas

Confirm ownership and co-tenancy. Collect deeds, the decedent’s will or probate documents, death certificates, and the county assessor’s records to prove who owns what share. Partition suits require adding all persons with a recorded ownership interest as parties.
Try negotiated solutions first. Courts expect parties to try resolving the matter before litigating. Offer buyouts, mediation, or a physical division proposal. Document your settlement efforts — the court will want to know you attempted to avoid litigation.
Decide what you will ask the court to do. Typical requests include: partition in kind (physical division), partition by sale (public sale), appointment of a commissioner to handle sale logistics, accounting for rents or profits, and distribution of sale proceeds after paying liens, mortgages, and costs.
Prepare the complaint. File in the circuit court in the county where the property is located. The complaint should state: the property description, the names and addresses of all co-owners and lienholders, each owner’s claimed share, and why partition in kind is impracticable (if you seek a sale). Ask the court to order partition by sale and to appoint an officer (commissioner or sheriff) to sell the property.
Serve all parties. Proper service on every owner and known lienholder is required. Failure to include an owner or a recorded lienholder can delay or invalidate the partition.
Request temporary relief if necessary. If a co-owner is damaging the property, removing improvements, or preventing sale, you can ask the court for temporary injunctions or to preserve the property pending final decision.
Court proceedings. The court reviews evidence about ownership and whether partition in kind is feasible. If the court finds a physical division is not reasonably possible or would be unfair, it will order a sale. The court then appoints a commissioner (or other officer) to handle appraisal, advertising, and sale.
Sale and confirmation. The sale is usually public and requires notice. After the sale, the court confirms the sale and orders the clerk to distribute proceeds after paying valid liens, taxes, costs, and court-ordered fees.

Key pleadings and practical items to include

Property description (legal description from the deed).
Chain of title and the decedent’s probate documents, if applicable.
Identification of mortgages, tax liens, and judgments that may attach to the property.
Evidence showing why partition in kind is impractical (surveys, usability issues, small parcel size, unequal values).
Proposed relief: partition in kind or partition by sale, appointment of commissioner, sale procedures, distribution formula.

Who must be joined to the case

All persons with an ownership interest (recorded owners, heirs with known claims) and any lienholders or mortgagees should be named as defendants so the court can clear title and order distribution of proceeds. Omitting a necessary party can delay the case or lead to further litigation.

Timelines, costs, and likely outcomes

Partition actions can take several months to over a year depending on contested issues, whether a survey is required, and how quickly the commissioner can market and sell the property. Costs include filing fees, survey and appraisal fees, commissioner or auctioneer fees, advertising costs, and attorney fees. The court will typically deduct these from sale proceeds before distributing the net balance to owners according to their ownership shares.

Taxes and liens

Outstanding mortgages, tax liens, or judgments usually must be paid from sale proceeds. Consider obtaining a title search before filing so the complaint names all lienholders and the court can direct distribution properly.

Alternatives to a forced sale

Buyout: One or more co-owners buy the minority’s share at an agreed or appraised price.
Partition in kind: Physical division if the land and improvements allow fair, practical division.
Mediation: A mediator can help the group reach a settlement that avoids litigation costs.

Helpful Hints

Gather documents early: deeds, probate files, tax records, mortgage statements, and surveys make your case stronger and speed the process.
Talk to all co-owners and propose buyouts or a written settlement before filing. Courts generally favor settlement.
Get a current survey and one or two market appraisals so you can show the court the impracticality of dividing the land.
Include all lienholders and known claimants in the complaint to avoid later disputes over distribution.
Expect fees: ask the court to allow payment of reasonable commissioner or auction costs from sale proceeds.
Preserve evidence of waste or damage: photos, neighbors’ statements, and receipts help if you need temporary injunctive relief.
Consider tax consequences of a sale and consult a tax professional if proceeds are large.
Use local circuit court resources: many Arkansas circuit courts have self-help or clerk information pages about filing civil suits; see Arkansas Courts for links to local courts and forms.

If you decide to file, consider getting consultation from a licensed Arkansas attorney who handles real property or partition cases. An attorney can help you draft the complaint, identify all necessary parties and lienholders, request appropriate interim relief, and navigate sale procedures so you receive a fair distribution.

Useful links:

Arkansas General Assembly (search statutes): https://www.arkleg.state.ar.us/
Arkansas Courts (circuit court info and rules): https://www.arcourts.gov/