Detailed Answer
Under Arkansas law, a partition action lets multiple owners of real property (tenants in common) resolve disputes over use or ownership shares. Each co-owner has an undivided interest in the whole property. When co-owners cannot agree, any one of them may seek a judicial partition under Ark. Code Ann. § 18-60-101. The court may order either a physical division (partition in kind) or a sale of the property.
1. Filing the Complaint
The process begins when a co-owner files a complaint in the circuit or chancery court where the property is located. The complaint must name all co-owners and describe each party’s interest. The court issues citation to each co-owner, giving them notice and an opportunity to respond.
2. Appointment of Commissioners
If no agreement arises, the court appoints three disinterested commissioners to survey, value, and report on the property. Commissioners recommend either dividing the land equitably among the owners or selling it.
3. Partition in Kind vs. Partition by Sale
Arkansas law presumes partition in kind is preferred when it does not prejudice any owner (Ark. Code Ann. § 18-60-201). If commissioners find that physical division would yield impractical or unequal parcels, the court orders a public sale. Sale proceeds are then divided among co-owners according to their ownership shares.
4. Costs and Distribution
Costs of the partition action—court fees, publication, surveyor and commissioner fees—are charged against the parcels or deducted from sale proceeds. The net proceeds or adjusted parcels are distributed to co-owners per their respective interests.
5. Settlement and Appeal
Co-owners may settle at any time by filing a stipulation with the court. Any party may appeal the final judgment within 30 days of entry.
Helpful Hints
- Review the deed to confirm each owner’s percentage interest before filing.
- Discuss a voluntary settlement—mediation can save time and expense.
- Obtain a recent appraisal to guide equitable division or set a reserve price for sale.
- Budget for court and professional fees: surveyors, commissioners and publication costs.
- Consider hiring a real estate attorney to ensure procedural compliance and protect your rights.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.