Can I force the sale of a property if my Arkansas co-owner refuses further mediation?

Short answer: Yes — in Arkansas you can ask a court to force a sale through a partition action if you and the co-owner cannot agree. A judge can order the property divided in kind or, if dividing is impractical, ordered sold and the proceeds split among the owners according to their ownership interests.

Detailed answer — how a forced sale (partition) works in Arkansas

This explanation assumes you and at least one other person own real property together and cannot agree on whether to keep, divide, or sell it. Co-owners might hold title as tenants in common, joint tenants, or co-owners under some other arrangement. Any co-owner can file a partition action in Arkansas courts to ask the court to:

Order a partition in kind (physically divide the land) if a fair physical division is possible; or
Order a partition by sale (sell the property and divide the net proceeds) if division in kind is impractical, would impair the value, or cannot be done without prejudice to the owners.

Procedure overview:

Prepare and file a petition: You (the plaintiff) file a partition petition in the appropriate Arkansas circuit court naming all co-owners and any lienholders. The petition describes the property, states each party’s claimed interest, and asks the court for partition in kind or, if that is not feasible, sale.
Service and response: All named co-owners and lienholders must be served. They can respond, contest the petition, or assert claims (for example, alleging unequal contributions or asserting that sale isn’t equitable).
Valuation and appraisal: The court commonly orders appraisals or appoints commissioners to value and, if appropriate, divide the property.
Decision whether to divide or sell: If the judge finds a fair physical division is possible, the court may order division in kind. If not, the court will order a sale and direct how the sale should be handled (public auction or private sale approved by the court).
Payment of liens and distribution: Sale proceeds are used first to pay any valid liens (mortgages, unpaid taxes). Remaining proceeds are distributed among owners according to their ownership shares and any court-ordered adjustments for contributions, improvements, or costs.

Where this comes from: Arkansas law provides for partition of real property and gives courts the authority to divide or order sale when necessary. For more about Arkansas statutes on property and partition, see the Arkansas Code (Title 18 — Property): https://www.arkleg.state.ar.us/.

Key practical points under Arkansas practice

Either type of co-owner (tenants in common or joint tenants) can bring a partition action.
The court prefers partition in kind when it can be done fairly and without impairing value. For many single-family homes and small parcels, dividing the land fairly by boundary is often impractical, so sale is common.
The court can appoint commissioners, referees, or appraisers to assist with valuation and division.
Liens, mortgages, taxes, and other encumbrances must be resolved from sale proceeds before owners receive their shares.
Costs of the partition case (court costs, appraisal, sale costs) are typically paid from the sale proceeds or apportioned as the court orders. If available by contract or law, attorney fees may be awarded in specific situations but are not automatic in every case.

What to do next — practical steps you can take now

Gather documents: deed(s), title report or recent title search, mortgage statements, tax bills, insurance, proof of payments for improvements, and any written agreements between owners.
Try one last written offer: send a clear written buyout offer (with a deadline) or a demand to sell. A recorded offer helps show you tried voluntary resolution before filing suit.
If mediation was attempted and failed, keep records. Courts will note prior settlement efforts but will not require unlimited mediation.
Consult a local Arkansas real property attorney to evaluate your case, prepare the petition, and estimate costs and timeline for a partition action in your county’s circuit court.
Consider financing and taxes: a forced sale will have closing costs, pay off liens, and may create tax consequences (capital gains). Talk with a tax advisor as needed.

Typical timeline and costs

Timing varies. A straightforward partition often takes several months to a year. Complex disputes (multiple parties, contested title, many liens) can take longer. Costs include filing fees, service fees, appraisal fees, attorney fees, and sale expenses. The court often deducts these costs from sale proceeds.

Common questions owners ask

Can I force my co-owner to buy me out instead of selling?

You can ask the court for a partition in kind or request that a co-owner buy your share, but a court will not force one owner personally to purchase another’s share unless an agreement or legal basis exists. Courts generally order sale when division or buyout by co-owners is not workable.

Will a mortgage stop me from forcing a sale?

No. A mortgage or other lien does not prevent a partition action, but the lien must be paid from sale proceeds. The lienholder may participate in the proceedings and protect its interest.

Can the other owner stall by refusing to cooperate?

Refusal to cooperate does not prevent a partition action. The court can proceed without the co-owner’s consent if they are properly served. However, lack of cooperation can increase costs and time.

Helpful Hints

Document everything: keep written offers, proof of payments for improvements, and records of attempts to negotiate or mediate.
Include all co-owners and lienholders in the lawsuit; missing a party can delay the case.
Consider whether a negotiated buyout might save time and costs — an appraiser’s value can serve as a neutral starting point.
Expect the court to require valuation evidence. Hire a qualified appraiser when needed.
Ask your attorney about temporary relief if a co-owner is trying to sell or encumber the property outside the partition process.
Be prepared for distribution adjustments. Courts can account for unequal contributions toward mortgage, taxes, or improvements.
Check local practice: some Arkansas counties have local rules about how partition sales occur (auction procedures, notices). Your local circuit court clerk can explain procedural steps.

Where to find Arkansas law and court forms

Arkansas statutes and legislative resources are available from the Arkansas General Assembly website: https://www.arkleg.state.ar.us/. For court procedures and local filing requirements, consult the Arkansas Judicial Branch: https://www.arcourts.gov/.

When to get legal help

If you want to force a sale, protect contributions you made to the property, or are unsure how liens and taxes will be handled, speak with an Arkansas real estate attorney. A lawyer can prepare the necessary pleadings, advise on likely outcomes, and represent you at hearings and sale proceedings.

Disclaimer: This article is educational only and does not provide legal advice. It summarizes general Arkansas law and typical practice; it does not address all facts or variations. For advice about your specific situation, consult a licensed Arkansas attorney.