How to defend against a partition action to force sale of an inherited Arkansas home

Short answer: In Arkansas, a co-tenant can file a partition action to divide or force the sale of real property. If a co-tenant sues to force the sale of an inherited home, you can respond by asking the court for a partition in kind (division), seeking a buyout, disputing the plaintiff’s claims (ownership, title, contributions), asking for an accounting of rents/expenses, or negotiating a settlement. Which options will work depends on the property’s facts, title documents, and applicable Arkansas law. This article explains the usual defenses and steps to protect your rights.

Disclaimer

This is general information only and is not legal advice. Laws change and every situation is different. Consult a licensed Arkansas attorney for advice about your specific case.

Detailed answer

1. Understand the basic law: what a partition action can do

In Arkansas, any co-owner of real property generally may file a partition action in court to divide the property physically (partition in kind) or sell it and split the proceeds (partition by sale) if physical division is impracticable. The court decides which remedy is fair based on the facts. See the Arkansas statutes and court rules that govern civil actions and property rights for the controlling legal framework (see Arkansas General Assembly website: https://www.arkleg.state.ar.us/).

2. Immediate steps after learning of a partition suit

Read the complaint and summons carefully. Note the deadline to answer or otherwise respond. Missing the deadline risks default judgment.
Preserve documents: deed, will or probate records, mortgage statements, insurance, receipts for repairs or improvements, tax bills, and any agreement with co-owners.
Consider temporary protections: if there is a risk of removal of property, waste, or sale, ask an attorney about seeking temporary relief from the court (injunction or temporary orders).

3. Common defenses and procedural responses

Below are the main defenses and procedural steps used when a co-tenant wants a forced sale.

Request partition in kind: Ask the court to physically divide the property if it can be divided fairly without waste. Courts prefer partition in kind when a fair division is practical, especially for large or subdividable parcels.
Propose or seek a buyout: Seek a court-ordered buyout where one co-owner purchases the other’s interest for a fair value. Parties often prefer buyouts to avoid the time and cost of sale.
Contest ownership or title: If title is defective or the plaintiff’s ownership claim is incorrect, raise that defense. Show the deed, probate distribution, or other documents establishing your legal interest.
Accounting and credits: Ask for an accounting of rents, profits, taxes, mortgage payments, insurance, and improvements. You may be entitled to credits for payments you made, or the other side may owe reimbursements.
Claim improvements or contributions: If you paid a disproportionate share for repairs or improvements, ask the court to credit those amounts before dividing proceeds.
Equitable defenses: Raise equitable claims like laches (unreasonable delay), estoppel, or unconscionability if the plaintiff’s conduct makes a forced sale unfair.
Challenge valuation and sale process: If the court orders a sale, challenge an unfair sale method, ask for an appraiser, or propose a sale procedure that maximizes value (broker sale, auction with realtor, or court-appointed commissioner).

4. Practical defenses based on facts you may have

Choose defenses that match your situation:

If the home is easily separable (e.g., large acreage that can be split), request partition in kind.
If you or another co-owner live in the house and rely on it, negotiate a buyout or deferred sale to avoid immediate displacement.
If you’ve paid the mortgage, property taxes, or repaired the house, document payments and seek credits in the final division of proceeds.
If the property has sentimental or unique value (family home with irreplaceable items), emphasize the inequity of a quick forced sale to encourage buyout or delay while negotiating.

5. Settlement, mediation, and alternatives to litigation

Partition actions are costly. Courts often encourage settlement or mediation. Common negotiated outcomes include:

One co-owner buys out the other at an agreed price.
Agree on a listing price and sale method, then split proceeds after agreed credits for expenses.
Set a delayed sale date to allow a co-owner time to secure financing or relocate.

6. If the court orders sale: protecting the value

If a sale is ordered, you can still influence how it happens:

Request professional appraisal(s) to establish fair market value.
Object to sale methods that depress value (quick sheriff sale) and ask for broker-assisted listing or sealed bids.
Seek credit for improvements and reimbursement for payments you made while owning the property.

7. Time, costs, and realistic expectations

Partition cases can take months or longer. Courts weigh fairness and marketability. Even if you raise defenses, a determined co-tenant may still get a sale if division in kind is impractical. Be prepared to balance the emotional value of the home against the likely financial result.

8. Arkansas-specific resources and statutes

The Arkansas General Assembly maintains the state statutes and legislative resources at the Arkansas Legislature website: https://www.arkleg.state.ar.us/. Use that site to look up statutes affecting partition, property, and probate. For procedural rules, review the Arkansas Rules of Civil Procedure on the Arkansas Judiciary website or consult local court rules for the county where the property sits.

Helpful hints

Answer the complaint on time. Missing the deadline can result in default and loss of your chance to raise defenses.
Document every payment you make for the property: mortgage, taxes, insurance, utilities, repairs, and improvements.
Keep copies of the deed, will, probate distribution papers, and any written agreements among co-owners.
Get at least one professional appraisal before arguing value in court.
Consider mediation early—settlement often preserves more value than a court-ordered sale.
If you want the house, start lining up financing and be ready to make a prompt buyout offer.
Talk to an Arkansas real estate or probate attorney as soon as possible. An attorney can file the right responses, protect your equity claims, and negotiate buyouts or sale procedures on your behalf.

Need help finding an Arkansas attorney experienced with partition actions or probate-related property disputes? Contact your county bar association or use the Arkansas Bar Association referral directory to find a qualified lawyer in your area.