Disclaimer: This article explains general information about partition actions under Arkansas law. It is not legal advice. For advice tailored to your situation, consult a licensed Arkansas attorney.
Detailed Answer
When co‑owners cannot agree about jointly owned real property, Arkansas law allows a co‑owner to ask a court to divide the property through a partition action. A partition action forces a split of ownership either by physically dividing the land (partition in kind) or by selling the property and dividing the proceeds (partition by sale). If the other co‑owners refuse to make buyout offers, a partition lawsuit is the usual path to obtain a forced sale.
Who can start a partition action
Any person who holds a legal or equitable interest in real property can petition the circuit court for partition against other co‑owners. This includes tenants in common and some joint tenants if the ownership interest is severable. The plaintiff must name all known co‑owners and any parties with recorded interests (mortgages, lienholders, heirs, assignees) so the court can resolve the title and distribute proceeds.
How the court decides between partition in kind and partition by sale
The court prefers a partition in kind (physically dividing the land) when it is practical and results in fairly equal shares. If dividing the property would be impractical, inequitable, or would significantly reduce value, the court will order a partition by sale. Examples where sale is common include a small urban lot, a single house occupied by one co‑owner, or when the land cannot be divided without harming market value.
Typical steps in an Arkansas partition action
- File a complaint for partition in the appropriate circuit court. The complaint identifies the property, the parties, each party’s claimed interest, and the relief sought (in kind division or sale).
- Service and notice: All named co‑owners and lienholders must be served. The court may also require notice by publication if any owner is unknown or cannot be located.
- Preliminary orders: The court can issue temporary orders to protect the property (for example, restraining waste or authorizing payment of taxes and insurance).
- Valuation and appraisal: The court often orders appraisals to determine market value. The judge uses appraisals to decide whether partition in kind is feasible and to set sale terms if a sale is ordered.
- Appointment of a commissioner or master: Arkansas courts commonly appoint a commissioner to carry out the partition — to survey and divide land, or to conduct a public sale and report back to the court.
- Sale procedure: If the court orders a sale, it will set the method (public auction or private sale) and the terms. A sale usually requires court confirmation. Proceeds are used to pay liens, costs, and then distributed among co‑owners by their ownership shares.
- Distribution: After paying mortgages, taxes, sale costs, and any court‑awarded expenses or attorney’s fees, the remaining funds are divided among the owners according to their ownership interests.
When co‑owners refuse to buy out your share
If other owners won’t buy you out, the court can still order a sale. You do not need other owners’ cooperation to force a sale through a partition action. Filing the complaint and proving your ownership interest and the impracticality of division will allow the court to move forward.
Dealing with mortgages, liens, and occupied property
Lenders and lienholders must be joined or given notice. Liens are typically paid from sale proceeds before owners receive distribution. If a co‑owner occupies the property, the court can order that occupant to allow access for appraisal or sale and may require them to provide rent or contribution for taxes and maintenance during the litigation.
Costs, attorney’s fees, and timing
Partition litigation involves court costs, appraisal fees, commissioner fees, and attorney’s fees. The court can allocate costs between parties, and in some situations may award attorney’s fees to the prevailing party, depending on the facts and statutory guidance. The overall timeline varies with complexity but can take several months to over a year.
Alternatives to suing immediately
- Try mediation or a negotiated buyout. A neutral mediator can help generate buyout offers or a settlement splitting proceeds.
- Request a court‑ordered accounting if co‑owners dispute expenses, rents, or improvements. An accounting can clarify each party’s monetary position and sometimes prompts a voluntary resolution.
- Offer structured buyouts (installments), or propose a private sale with agreed terms to avoid litigation costs.
Where to find Arkansas statutes and court resources
Arkansas statutes and the full code are available from the Arkansas General Assembly website. For statutes, searches, and text, see: https://www.arkleg.state.ar.us/. For circuit court information and procedural forms, see the Arkansas Courts site: https://www.arcourts.gov/ (Arkansas Judiciary).
Helpful Hints
- Collect all title documents: deeds, mortgage statements, tax bills, survey plats, and any written agreements among owners before filing.
- Get a market appraisal early to know your property’s value and to support a motion for sale if division is impractical.
- Document contributions: keep records of payments for taxes, insurance, repairs, or improvements; courts consider equitable credits when dividing proceeds.
- Try mediation first—settlements save time and money and give you more control over the outcome.
- Be prepared for costs: partition actions generate fees for appraisals, commissioners, and court filings; compare these to the expected share of proceeds before litigating.
- Ask about temporary relief: courts can order occupants to pay rent or maintain insurance while the case proceeds.
- Consult an Arkansas real estate or civil litigation attorney early to review your title, explain local practice in your circuit, and prepare pleadings properly.
Filing a partition action is a common and effective way to force a sale when co‑owners won’t make buyout offers, but it brings costs and delays. Preparing documentation, valuing the property, and exploring settlement first will improve your chances of a fair and cost‑effective result.