What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (AR)

Detailed Answer — What happens if mediation fails and I need to file a partition action under Arkansas law?

When mediation does not resolve a dispute over jointly owned land in Arkansas, a co-owner can ask a court to force a partition. A partition action asks the court to divide the property or order its sale so each owner receives their fair share. Arkansas law recognizes partition actions by and among joint owners of real property. For general statutory guidance, see the Arkansas Code and the Arkansas General Assembly website: https://www.arkleg.state.ar.us/.

1. Where to file and who can file

You file a partition action in the circuit court in the county where the property lies. Any person who holds an ownership interest (co-owner, tenant in common, joint tenant depending on form of title) may file. The complaint must name all known owners and any parties with recorded interests (mortgagees, lienholders, lessees) so the court can adjudicate rights and distribute proceeds if sale is ordered.

2. What the court can order: partition in kind or partition by sale

The court has two main remedies:

• Partition in kind: The court divides the land into separate physical parcels so each owner receives a part. This is possible only when the property can be fairly divided without materially harming the value or use.
• Partition by sale: If physical division is impractical or would unfairly reduce value (common with single-family homes, small or irregular tracts, or where buildings/uses cross boundaries), the court orders sale—usually at public auction—and divides the net proceeds among owners according to ownership shares, after paying liens and costs.

3. Court process and typical steps

1. File a complaint for partition in circuit court that describes the property, lists owners and interested parties, and states the requested relief (division or sale).
2. Serve all named defendants and give notice to lienholders or others with recorded interests.
3. The court may appoint commissioners or appraisers to examine the property, prepare a proposed division, and recommend whether partition in kind is practical and equitable.
4. If the court orders a sale, it will supervise the sale process (often via sheriff’s sale or court-ordered auction), approve terms, and direct how sale proceeds are distributed after liens, taxes, and costs.
5. The court resolves disputes over credits (payments by one co-owner for taxes or improvements), offsets, and costs before distributing proceeds.

4. Interim relief and possession

If there is risk of waste, damage, or unauthorized sale, you can ask the court for temporary orders: injunctions to prevent waste, orders for accounting of rents/expenses, or appointment of a receiver to manage the property pending final resolution. The court may also handle who occupies the property during the case and whether occupancy payments (use and occupation) are owed.

5. Costs, fees, and credits

The court typically charges sale costs, trustee/commissioner fees, taxes, and valid lien payments from sale proceeds before dividing net proceeds. Each party generally pays their own attorney fees unless a statute or contract allows fee shifting for bad faith or other reasons. The court can account for equitable credits: if one co-owner paid mortgage, taxes, insurance, or improvements, the court may award credit before dividing proceeds.

6. Timeframe

Time varies. A simple partition can take a few months; contested cases can stretch a year or more. Factors that affect timing include notifying all interested parties, completing appraisals, resolving lien disputes, and scheduling a sale or division process under court supervision.

7. Evidence and records you should bring

Prepare documents that prove ownership and financial contributions: deeds, title documents, mortgage records, tax bills, receipts for improvements, leases, surveys, and communications showing attempts to resolve the dispute (mediation records). These will support claims for credits and help the court value and divide the property.

8. Practical outcomes and options to consider

• One co-owner may buy out others before sale, using an appraisal or negotiated price.
• The court may order a division that preserves highest value (e.g., keep a house intact and allocate cash to balance shares).
• Sale proceeds get divided after paying liens, costs, and any equitable credits.

9. Statutory reference and where to learn more

Arkansas statutes and local procedure govern partition practice. For the full statutory framework and related procedural rules, consult the Arkansas Code and circuit court resources available from the Arkansas General Assembly and the Arkansas judiciary: Arkansas General Assembly (Arkansas Code) and Arkansas Judiciary. If you need citations to a specific section, a local attorney can point to the precise provisions that apply to your situation.

Helpful Hints

• Gather title documents, deeds, mortgage records, tax bills, receipts for improvements, leases, and any written communications about the property before you file.
• Get a professional appraisal early to understand fair market value and to support buyout or sale decisions.
• Consider a buyout: offering to purchase co-owners’ shares can be faster and cheaper than a court-ordered sale.
• Ask the court for interim relief if the other owner is damaging the property, abandoning it, or failing to pay taxes or mortgage obligations.
• Keep evidence of any payments you made (taxes, mortgage, improvements) to claim credits in court.
• Understand tax consequences: sale proceeds and capital gains can have tax effects — consult a tax advisor for specifics.
• Explore renewed mediation or neutral valuation before filing; courts often favor settlements and this can save time and money.
• Hire or consult an Arkansas attorney experienced in real property and partition matters to protect your rights and navigate procedural rules.