Detailed Answer — How to start a partition action in Arkansas when a co-owner refuses

Short answer: If a co-owner of real property in Arkansas refuses to agree to a sale or division, you can ask the Circuit Court in the county where the property sits to order a partition. The court can order a physical division (partition in kind) if practical or order the property sold and the proceeds divided. Partition procedure in Arkansas follows the statutes governing partition actions and ordinary civil procedure in circuit court. See Arkansas Code, Title 18 (Real Property), chapter on partition and the Circuit Court rules at the Arkansas Judiciary site for forms and filing guidance.

Step-by-step process (practical steps you can follow)

Confirm ownership and legal description.

Get a copy of the deed(s) that show you and the other person are co-owners. Run a title search (with a title company or attorney) to identify liens, mortgages, judgments, easements, or other claims that could affect a partition or sale.
Try negotiation and document your effort.

Send a clear written demand that you want the property divided or sold and propose a timeline. Keep copies of letters, emails, texts, and any responses. Courts like to see that you tried to resolve the matter before filing.
Decide what relief you want from court.

Ask the court for: (a) partition in kind (physical division) if the parcel can be split without unfairness; or (b) sale of the property and division of proceeds when division is impractical. You can also ask the court to appoint commissioners to divide or sell the property and to order any necessary accounting of rents or profits.
Prepare and file a complaint for partition in Circuit Court.

File in the Circuit Court for the county where the property is located. The complaint should identify the property by legal description, list all owners and other parties with recorded interests (lienholders, mortgagees), state that one or more co-owners refuse to agree, and ask the court to order partition (in kind or sale), appoint commissioners, and handle sale and distribution. Attach copies of deeds or other title documents as exhibits.
Serve the co-owner and any other interested parties.

After filing, have the clerk issue a summons. Serve the summons and complaint according to Arkansas rules: personal service by sheriff or process server, or other court-authorized service methods. If a party cannot be located, the court may permit service by publication under appropriate circumstances.
Request temporary relief if needed.

If the co-owner threatens to damage, remove assets, or otherwise jeopardize the property, you can ask the court for temporary injunctive relief or an order preventing transfer or waste pending the partition. Be prepared to show urgency and post any bond the court requires.
Proceed through hearings, commissioners, and report.

If the court orders partition in kind, it may appoint commissioners to survey and divide the land. If sale is ordered, the court will set terms for the sale (public auction or private sale subject to court confirmation). Commissioners will report to the court; parties can object, and the court will resolve disputes and confirm the sale.
Handle liens, mortgages, taxes, and costs.

Liens and mortgages generally remain attached to the property until paid. The sale process usually pays lienholders from sale proceeds in priority order, then divides any remaining balance among co-owners per their interests. The court can allocate costs of sale, commissions, and attorney fees as appropriate.
Receive distribution and finalize title.

Once the sale is confirmed and debts/costs paid, the court enters a decree distributing net proceeds to the owners according to their ownership shares. The court’s order or a commissioners’ deed (if authorized) clears title and lets you record the transfer.

Arkansas-specific points and where to look in statute

Arkansas law provides the statutory framework for partition actions and related remedies. Consult the Arkansas Code (Title 18 and related chapters covering real property and partition) for statutory language and requirements. The Arkansas Code is available from the Arkansas General Assembly: https://www.arkleg.state.ar.us/ArkansasCode. For court rules, filing fees, and local forms, check the Arkansas Judiciary site at https://www.arcourts.gov.

Common issues that arise in Arkansas partition cases

If the property is capable of a fair division, a court often prefers partition in kind to selling it.
Mortgages, tax liens, and mechanic’s liens must be addressed. Sales generally pay lienholders in priority order.
If a co-owner is in sole possession and collecting rents, the court can order an accounting and distribute profits.
If a co-owner is married and claims tenancy by entirety or homestead protections, additional legal issues may affect the partition. Arkansas law treats certain marital and homestead interests distinctly.
If a defendant cannot be found, the court may allow service by publication and proceed to partition in their absence under specific procedural rules.

Timing and costs

Expect a partition action to take several months to more than a year depending on complexity, contested issues, and whether the court orders a sale and how quickly a sale can be conducted. Costs include filing fees, service fees, attorney fees, costs of appraisal, surveying, and possibly commissioner fees and sale-related expenses. The court can sometimes require the losing or non-cooperating party to pay some costs, but outcomes vary.

Helpful Hints

Identify all parties with recorded interests (mortgagees, judgment creditors). Include them as parties in your complaint.
Obtain a current title search and a recent appraisal before filing to support your requests to the court.
Document every attempt to resolve the matter outside court — judges view reasonable settlement efforts favorably.
Consider mediation or a buyout offer: a co-owner may accept a fair cash buyout rather than endure court delay and costs.
Keep good records of possession, rent receipts, expenses, and taxes — the court may order an accounting that depends on those records.
Check local circuit court rules for filing procedures, fee schedules, and required forms in the county where the property is located.
If a co-owner is hard to locate, ask a lawyer about proper service by publication to avoid dismissal for lack of service.
Talk to a real estate or civil litigator early to draft the complaint and protect your position; mistakes in pleadings or service can cause costly delays.

Resources

Arkansas Code (search Title 18 and chapters on partition and property): https://www.arkleg.state.ar.us/ArkansasCode
Arkansas Judiciary — court information, local circuit court contacts, and filing resources: https://www.arcourts.gov

Next steps

If you plan to proceed, gather your deed(s), a recent title report (if available), and any written communications with the other owner. Contact the Circuit Clerk in the county where the property sits to learn local filing procedures and fees. Consider consulting a licensed Arkansas attorney who handles partition or real property litigation to review your documents and file the correct pleadings on your behalf.

Disclaimer: This article explains general Arkansas law and procedure about partition actions. It is educational only and does not create an attorney-client relationship or constitute legal advice. For advice specific to your situation, consult a licensed Arkansas attorney.